Utpalendu Bikas Saha, J. - (1.) THE instant revision petition is directed against the judgment dated 12.9.2008 passed by the learned Addl. Sessions Judge, Khowai, West Tripura in Criminal Appeal No. 7(3)/2008 whereby the petitioner was convicted under Section 498(A) of the IPC and sentenced him to suffer R.I. for one year modifying the impugned judgment dated 5.8.2008 passed by the learned Judicial Magistrate, 1st Class, Khowai, West Tripura in GR case No. 135 of 2007 convicting the petitioner under Section 498(A) of IPC and sentencing him to suffer R.I. for two years and a fine of Rs. 1000/ - in default of payment of fine further to suffer R.I. for one month.
(2.) HEARD Mr. R. Datta, learned counsel for the convict petitioner as well as Mr. R.C. Debnath, learned Addl. P.P. appearing for the respondent -State. The prosecution story, in brief, is that on 27th Ashar, 1413 B.S., corresponding to 12th July, 2006, Smit Sima Chakraborty daughter of Sri Swapan Chakraborty (P.W. 3) was married with convict petitioner Mithan Mishra as per Hindu Rites and customs. After marriage, since three -four months, the accused along with his father Rabindra Mishra, mother Prativa @ Rekha Mishra and uncle Chandan Mishra started physical and mental torture on Sima to fulfill their unlawful demand of Rs. 50,000/ - (fifty thousand), a motor bike and a gold chain. The physical and mental torture continued for many days and Sima informed her parents about the said incident. Finally, on 11.07.07 all the four accused committed severe physical torture on Sima and the accused Rabindra Mishra took her to her parental house and left her outside that house. Knowing the aforesaid facts from Sima, the P.W. 3 lodged a written complaint to the Teliamura P.S. informing the entire incident.
(3.) UPON receipt of the written complaint, a case being Teliamura P.S. case No. 49 of 2002 was registered under Section 498(A) of the IPC.;