BISWAJIT DEBNATH Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
STATE OF TRIPURA
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(1.) This petition has been filed challenging the impugned judgment dated 10.01.2011 delivered by the Sessions Judge, South Tripura, Udaipur in Criminal Appeal No.01(1) of 2010 affirming the conviction and sentence of the petitioner under Sections 448 and 497 of the Indian Penal Code (IPC hereunder) passed by the Sub-Divisional Judicial Magistrate, Sabroom by his judgment dated 30.11.2009 in Case No.GR 62 of 2009.
(2.) The brief facts of this case are as under:-
The informant (name withheld to hide the identity of his wife) lodged a written complaint (FIR) with the Officer-in-Charge of Manubazar police station at Sabroom on 04.07.2009 alleging, inter alia, that at around 2 'O' clock in the night on 01.07.2009 he discovered that the petitioner and his wife were engaged in 'unsocial activities' in the kitchen of his house. As soon as they noticed the informant, the petitioner fled breaking open the bamboo fencing of the kitchen. He left his shoes and the napkin(gamcha) of his wearing while fleeing away. The informant reported the matter to the local police station over telephone at about 3 'O' clock in the night. In the following morning, he informed the local Panchayet. A meeting was immediately convened by the Panchayet and the wife (name withheld) of the informant as well as the petitioner were called to the meeting. They confessed their guilt and assured before the Panchayet that they would not repeat the commission of such activities. But immediately after the meeting was over and the members of the Panchayet left, the accused petitioner along with his men started abusing the informant and threatened him with dire consequence. They had forcibly taken away his wife and eight years' old son to the house of the accused petitioner and warned him that in case of any police action against them, they would prosecute the informant by instituting several criminal cases against him. The informant again informed the Panchayet about the occurrence. He was then advised by the Panchayet to take resort to law. Then he lodged the FIR.
(3.) Based on his FIR, MNB PS case No.33 of 2009 under Sections 448, 497 and 323 read with Section 34 IPC was registered against the wife of the Informant (PW-1), petitioner Biswajit Debnath and his associates namely, Mithun Banik and Nitta Hari Banik and investigation of the case was endorsed to Sri P.K. Dey, Sub-Inspector of Police of Manubazar police station.;
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