MUSTT ASMA KHATUN Vs. ABDUL KUDDUS AHMED

JUDGEMENT

(1.) Heard Mr. D.K. Chomal, learned counsel for the petitioner. Also heard Mr. M.H. Ahmed, learned counsel appearing for the respondent No. 1/accused and Mr. D. Das, leaned Additional Public Prosecutor, Assam appearing for the State/respondent No. 2

(2.) This criminal revision petition, under Sections 397/401 Cr.P.C., is filed by the petitioner/victim, praying for setting aside the impugned Judgment and Order, dated 29.06.2009, passed by the learned Sessions Judge, Barpeta, in Criminal Appeal No. 8 of 2009 acquitting the respondent No. 1 by setting aside the Judgment and Order of conviction, dated 03.06.2008, passed by the learned C.J.M., Barpeta in G.R. Case No. 16/2005, convicting him under Section 498A of the IPC.

(3.) The petitioner's case, in a nutshell, is that she had filed a complaint case against her husband/respondent No. 1 herein, before the Court of learned Chief Judicial Magistrate, Barpeta, on 28.12.2004, alleging cruelty on her. The petitioner contended that she was married to the respondent No. 1 on 22.11.1999 observing religious rites and lived together for a few months and thereafter, the petitioner, on instigations of the in-laws and other family members, subjected her to cruelty, both physical and mental, demanding dowry. It was further alleged that on 20.12.2004, the respondent No. 1 assaulted her, for which she had to be hospitalized for medical treatment. In the aforesaid incident, she sustained multiple injuries. In course of the said incident of assault, she raised alarm and thereupon, the neighbours, including the Gaonburha, came to the house and found her in a naked and injured condition. The Gaonburha, namely, Mijanur Rahman and other family members reported the incident forthwith to her father, whereupon, her father also arrived and made the arrangements for her medical treatment.