T.AMARNATH GOUD, J. - (1.)This is an appeal under Sec. 374 of the Cr.P.C. against the judgment dtd. 29/6/2016 passed by the Additional Session Judge, West Tripura in Session Trial (Type-1) 01/2015 whereby the appellant was convicted under Sec. 326-A of the IPC and sentenced to suffer rigorous imprisonment for ten years and further sentenced to pay a sum of Rs.20,000.00 in default stipulation and to suffer further rigorous imprisonment for six months.
(2.)The genesis of the prosecution is rooted in the written complaint filed by one Smt. Pusparani Debnath [PW-1] alleging that her son namely Babul Debnath [the victim] has married one Smt. Usha Rani Debnath of local are Laxamandhepa as per Hindu Rites and Customs. After their marriage two sons were born. For the last one year, the said daughter-in-law of her namely Smr. Usha Rani Debnath was reluctant in discharging any household works in her matrimonial home and she also did not take care of her minor child. Due to that reason, some conjugal disputes arose between the accused and her husband and also quarrel with her mother-in-law. On 30/9/2014 at about 5:00 hours when Babul Debnath was lying in bed suddenly accused Usha Rani Das three some acid on the face and different part of the body of Babul Debnath with an intention to kill him. Subsequently, the victim reached to the house of his maternal uncle. Thereafter, the brother of PW-1 took the victim to G.B.P. Hospital at Agartala for treatment. PW-1 has stated that on the date of occurrence she was at Agartala in the matrimonial home of her daughter and after getting the information about the incident, she rushed to G.B.P. hospital, Agartala and came to learn about the whole incident.
(3.)On the basis of the said information, the police registered Melaghar P.S. Case No. 2014 MLG081 dtd. 4/10/2014 under Sec. 326A of the IPC against the accused. The Judicial Magistrate, 1st Class on receipt of the charge-sheet framed the charge under Sec. 326A of the IPC to which the appellant pleaded not guilty and claimed to be tried.
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