SAMAR KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant revision application has arisen out of the judgment and order passed by the learned Additional Sessions Judge, Fast Track Court, Raiganj, Uttar Dinajpur on 27.6.2003 in Cr. Appeal No. 6/2001.

(2.) By the judgment and order impugned, the learned Additional Sessions Judge, Raiganj, dismissed the criminal appeal, preferred by the present petitioner, and upheld the order of conviction and sentence passed by the learned Judicial Magistrate, Raiganj, on 26.4.1999 in G.R.No.1280/ 88. It appears from the materials-on-record that the learned Judicial Magistrate, Raiganj, convicted the present petitioner for the offence punishable under Section 498A of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for one year and to pay fine of Rs. 2000/- in default to suffer rigorous imprisonment for two months. On appeal preferred by the convict, presently the petitioner, the learned Additional Sessions Judge, Fast Track Court, Raiganj, upheld the order of conviction and sentence passed by the learned trial Court whereupon the present revisional application has been preferred by the petitioner.

(3.) The factual matrix leading to the conviction and sentence of the petitioner may briefly be narrated thus : Smt. Namita Das, presently the opposite party No. 2, is the legally married wife of the present petitioner, Samar Kumar Das. After her marriage, she used to reside in her matrimonial home where her husband along with others started torturing her. Prior to marriage, the petitioner is alleged to have taken dowry in cash and other articles and subsequently after marriage the mother and brother of the opposite party No. 2 wife, paid Rs. 11,000/- in cash but inspite of that torture upon her remained unabated. Subsequently, opposite party No. 2 wife, had to lodge a written complaint with the Inspector-in-Charge, Raiganj Police Station, whereupon the investigation was started and charge-sheet was submitted against the present petitioner and some of his family members.