RATAN MALLA Vs. SEFALLI MALLA

JUDGEMENT

(1.) This is a petition under sub-section (1)(c) of Section 407 Cr.P.C. for transfer of C.R. Case No. 1829 of 1999 from the court of Chief Judicial Magistrate (CJM), West Tripura, to the court of Sub Divisional Judicial Magistrate (SDJM), Belonia, South Tripura filed by the 19 petitioners who are accused in the aforesaid case and are residents within the local jurisdiction of the latter court.

(2.) I have heard Mr. A.C. Bhowmik, learned counsel for the petitioners and Mr. M. Kar Bhowmik, learned Sr. counsel assisted by Mrs. M. Debnath, learned advocate for the respondent.

(3.) The short facts leading the petitioners to file this transfer petition are that the sole respondent Smt. Sefalli Malla is the wife of the first petitioner Ratan Malla and whose marriage has taken place on 28.02.98. The allegation, as discernible from the complaint petition of the respondent which was registered as C.R. 1829/99, is that at the time of marriage the first petitioner demanded Rs. 30,000/- apart from gold ornaments, steel furniture and TV set as dowry. Though her father gave gold ornaments and furniture, the cash dowry and TV set could not be given which led to the discord between the parties. During her stay in her husband's house she was tortured by her husband and other in-laws. She disclosed her plight to her mother and sister-in-law when she and her husband made a customary visit to her parents' house on 26.3.98. After three days she returned to her husband's house at Debdaru in the local jurisdiction of SDJM, Belonia in the last week of May, 1998. She along with her husband again visited her parents' house at Agartala where her husband declared that she was mentally sick and, therefore, he was not ready to taie her back to the marital home. She then disclosed in his presence that she was being tortured physically and mentally by him and other petitioners, who are his relatives, on ground of insufficient dowry. The relation, thus, suffered several jolts and attempts were made: by her parents for a settlement. Her mother brought her back to her husband again and in due course she became pregnant. Against her will her pregnancy was terminated and she was again subjected to brutal torture. Finally, she had to take shelter in her parents' house in Agartala where in the court of Chief Judicial Magistrate (CJM) she lodged the complaint which was registered under Section 498-A IPC.