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S.TALAPATRA
Md. Rakesh Miah – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Somik Deb, Advocate
For the Respondent:A. Roy Barman, Advocate

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

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