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2012 Supreme(Gau) 816

SWAPAN CHANDRA DAS
Kanu Debnath – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Mr. P.K. Biswas
For Respondents/Defendant: Mr. D. Sarkar, PP and Mr. R.C. Debnath, Addl. PP

JUDGMENT

S.C. Das, J.

1. This appeal under Section 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of conviction and sentence dated 08.08.2005, passed by learned Session Judge, West Tripura, Agartala, in case No. ST (WT/A) 29 of 2004. Learned Sessions Judge found the accused appellant guilty of committing offence punishable under Sections 498-A and 304-B of IPC and sentenced him to suffer RI for 10 years. Heard learned counsel Mr. RFC. Biswas for the appellant and learned P.P., Mr. D. Sarkar assisted by learned counsel, Mr. R.C. Debnath for the State respondent.

2.1 FACT OF THE CASE

Prasenjit Bhowrnik (P.W. 1) set the criminal law in motion presenting an FIR in writing with the O/C, Bishalgarh P.S. on 02.11.2003, at about 1810 hrs., alleging that marriage of his younger sister Nabanita Bhowmik (Debnath) was solemnized with the accused Kanu Debnath on 12th of March, 1999 A.D. as per Hindu rites, and since after expiry of one year of marriage his brother-in-law (Kanu Debnath) started inflicting physical and mental torture on Nabanita, and when the news of torture occasionally reached their house, his parents used to go to the house of Kanu Debna



























































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