KRIPA BAYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Choudhury, learned Counsel for the Appellants and also heard Mr. B.B. Gogoi, learned Addl. Public Prosecutor, Assam.

(2.) The Appellants were convicted under Sections 498A/306 IPC and sentenced to undergo rigorous imprisonment for 2(two) years and fine of Rs. 1000/- in default to pay the fine simple imprisonment for 1 (one) month under Section 498A IPC and to undergo rigorous imprisonment for 3 years and fine of Rs. 2000/- in default to pay the fine further simple imprisonment for 3(three) months under Section 306 IPC vide judgment and order dated 28.11.2002 rendered by the learned Addl. Sessions Judge (Adhoc), Barpeta in Sessions Case No. 39/2001. The said judgment and order is under challenge by the Appellants in this appeal.

(3.) Briefly stated the prosecution case is that deceased Smt. Labanya Kakati had love affair with accused Kripa Bayan and as a result, the deceased got pregnant. The informant with the help of villagers took her (Labanya) to the house of accused Kripa Bayan before about one year of the occurrence and left her in his house. The accused Kripa and Labanya were living happily as husband and wife but the accused persons started giving harassment and torture to the deceased and out of such cruelty, she committed suicide in the house of the accused persons by hanging on 01.05.1994. The informant Shri Ramen Kakati, brother of the deceased lodged a written FIR with the O.C. Barpeta, which was received and registered as Barpeta P.S. Case No. 214/94 under Sections 306/498A IPC. The I.O. visited the place of occurrence and recorded the statements of witnesses under Section 161 Code of Criminal Procedure and held inquest on the dead body. During investigation, the I.O. seized one 'letter' (suicide note) written by the deceased which was kept inside the bra of a deceased and one jute rope from the place of occurrence, which was used by the deceased for hanging. The I.O. sent the dead body to Barpeta Civil Hospital for post mortem examination. After completing the investigation, he submitted the charge sheet against all the accused-persons under Section 498A IPC. The case being committed by the learned Chief Judicial Magistrate, Barpeta to the Court of Sessions, Barpeta, charges under Sections 498A/306 IPC were framed against all the accused-persons. The charges being read over and explained, the accused-Appellants pleaded not guilty and claimed to be tried. The prosecution examined as many as 8 witnesses but the accused-persons declined to adduce any evidence in support of their defence. On the basis of the evidence recorded and the materials made available on record and after hearing the parties, the learned trial Court convicted and sentenced the accused-Appellants as indicated above.