S.TALAPATRA
Md. Rakesh Miah – Appellant
Versus
State of Tripura – Respondent
JUDGMENT :
S. TALAPATRA, J.
1. The appellant was charged under Section 498A of the IPC for committing cruelty against the victim namely Monalisa Sarkar, his wife on 15.08.2009 on unlawful demand and after trial the appellant has been convicted under Section 498A of the IPC by the judgment dated 18.02.2011 delivered in Case No. GR 416/09 by the Chief Judicial Magistrate, South Tripura, Udaipur now Gomati Judicial District, Udaipur and the appellant was sentenced in terms thereof to suffer rigorous imprisonment for a period of 3 (three) years and to pay fine of Rs. 50000/- with default stipulation.
2. Being aggrieved, the appellant filed an appeal under Section 374(3) of the Cr.P.C. in the court of the Session Judge, Gomati Judicial District, Udaipur being Crl. App. No. 14(1) of 2011. By the judgment dated 17.12.2015, the appellate court determined the appeal upholding the conviction but reducing the sentence to 2 (two) years rigorous imprisonment with fine of Rs. 10,000/- with default stipulation. Now the appellant has challenged the said judgment dated 17.12.2015 in this purported 'appeal' as according to him, the appellate court has perversely appreciated the evidence and even though
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.