SUJIT KANDA Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
STATE OF TRIPURA
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(1.) This criminal revision petition has been filed challenging the judgment dated 25.04.2019 delivered in Criminal Appeal No. 15 of 2018 by the Sessions Judge, Khowai, Tripura whereby the judgment and order of conviction and sentence dated 25.07.2018 passed by the learned Sub-Divisional Judicial Magistrate, Khowai, West Tripura in PRC (WP) 148 of 2016 was upheld. By the said judgment, learned trial court sentenced the petitioner to SI for 1 (one) month and fine of Rs.7,000/- with default stipulation for having committed offence punishable under section 498A of the Indian Penal Code (IPC in short).
(2.) Brief facts of the case are as follows:
Sri Subal Ghasi, Son of Lt. Angad Ghasi of Khowai tea estate, Khowai lodged a written ejahar with the officer in charge of Khowai police station alleging, inter alia, that she got his daughter married to accused Sujit Kanda of Kamalpur on 14.05.2015 in accordance with the rites and customs of Hindu marriage and during the marriage of his daughter he gave valuables including Color TV, steel almirah, jewellery and cash of Rs.20,000/-. After marriage, his daughter accompanied her husband to his place. Three months thereafter his accused son in-law started subjecting his daughter to cruel treatment for a sum of Rs.20,000/- in cash. During Durga Puja in 2015, her daughter was ousted from her matrimonial home since he failed to fulfill the demand of dowry of his accused son in-law. After few months he along with his neighbours went to the matrimonial home of his daughter and left her there in presence of Smt. Rikta Paul who was a member of Nagar Panchayat of that area. The in-laws of her daughter assured that she would not be subjected to any kind of torture in her matrimonial home. After seven days, said Smt. Rikta Paul called the informant father of the victim and asked him to take his daughter back otherwise she might be killed in her matrimonial home. He then visited the matrimonial home of his daughter and persuaded her in-laws to keep his daughter with them. After he left, his daughter was again subjected to torture by her in-laws and she was ousted from her matrimonial home on 25.05.2016. On 29.05.2016 his son in-law appeared in his house and asked his daughter to agree for divorce on mutual consent otherwise she would be killed. His daughter raised hue and cry in fear because she was alone at home at that time. After the incidence, he lodged ejahar at the police station and based on his ejahar, Khowai PS case No. 2016/KHW/083 under section 498A, 325 read with section 34 IPC was registered against the accused husband, his father, his mother, brother and sister.
(3.) The whole investigation of the case was conducted by Sri Ajit Debbarma PW-12 , Sub Inspector of Police and after investigation he filed charge sheet against all the 5 (five) FIR named accused under section 498A read with section 34 IPC.;
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