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2012 Supreme(Gau) 259

S.R.SEN
Chayanmoni Chakraborty @ Subal – Appellant
Versus
State of Tripura and Anr. – Respondent


Advocates Appeared:
Mr. Somik Deb for the appellant.
Mr. M. Nath, Mr. D. C. Roy , Mr. R.C. Debnath for the respondents.

1. The instant criminal revision petition is directed under section 397 read with section 401, Cr.PC against the judgment and order dated 10.4.2002 passed by the learned Judicial Magistrate, First Class, court No.3 in a complaint case bearing C.R. No.681 of 1999 and against the judgment and order dated 23.3.2004 passed by the learned Addl. Sessions Judge, court No.3, West Tripura, Agartala in Crl. Appeal No.22(2) of 2002.

2. Heard learned counsel appeared for and on behalf of the petitioner, Mr. Somik Deb, Advocate, who submitted that from the complaint petition before the learned Court of Judicial Magistrate as well as from the evidence of different witnesses on record, no where it came that the torture, alleged by the complainant, is the outcome of demanding dowry. The learned trial court as well as the Appellate Court failed to appreciate the evidence in its proper context and without any reason, convicted the accused under section 498A though the ingredients of section 498A is not available in the evidence of different witnesses. He also further submitted that even the cruelty has not been established against the petitioner; therefore, this revision petition may be allowed and b

























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