RAJA DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application u/s 401 read with Sec. 482 of the Code of Criminal procedure preferred against a judgment and order passed on 30/10/2017 by the Learned Sessions Judge Dakhin Dinajpur, Balurghat dismissing the criminal appeal 14 of 2017 and affirming the order of conviction and sentence passed by the Learned Chief judicial Magistrate Dakhin Dinajpur, Balurghat in connection with GR Case No. 770 of 2009 arising out of Balurghat Police station case no. 336 of 2009 whereby the petitioners were convicted u/s 498 A/34 IPC and sentence to suffer RI for 6 months each and to pay Rs.1000.00 each, in default to suffer SI for one month each.

(2.) Three petitioners preferred this instant revisional application. During the continuation of the instant revision the petitioner no. 2 and petitioner no. 3 expired, thus their name was expunged from the criminal revision. The instant criminal revision is now being proceeded by the present petitioner no. 1. Viz- Raja Dey Petitioner no. 1 married the de facto-complainant Babli Dey in the year 2004 according to Hindu Rites and Customs. Out of that wedlock a male child was born in the year 2008.

(3.) The brief fact of the case is that the de facto-complainant namely Babli Dey lodged an FIR against the present petitioner before the Balurghat Police Station being case no. 336 of 2009 dated October 13, 2009 u/s 498 A/325/34 IPC. Investigation of the police ended in the charge shet against the all petitioners subsequently all three petitioners were placed on trial before the Learned CJM Dakhin Dinajpur at Balurghat. During the trial 10 witnesses were examined by the prosecution but the defence adduced none. After the conclusion of the trial and after hearing all the parties Learned Chief Judicial Magistrate convicted the present petitioner u/s 498 A/34 IPC. Being aggrieved by the said order of conviction the petitioner preferred an appeal before the Learned Sessions Judge Dakhin Dinajpur, Balurghat which is registered as criminal appeal no. 14 of 2017. After hearing the appellants and the state Learned Sessions Judge dismissed the appeal and the judgment and order of conviction passed by Learned CJM was affirmed. Hence this revision.