ARUN CH BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision petition has been directed against the judgment and order dated 18.2.97 passed by the learned Sessions Judge, Kamrup at Guwahati in Crl. A. No. 14/95 confirming the conviction of the accused- petitioner under Section 498 IPC and modifying the sentence to 8 'months' imprisonment and a fine of Rs.1,000/- in default further imprisonment for 15 days.

(2.) The prosecution case in brief is that the petitioner Sri Arun Kr. Bora married one Smt. Prava Bora on 16.6.80 as per Hindu rites. Thereafter they started living as husband and wife for some time. The petitioner was working as Grade IV employee under the Forest Department, Govt. of Assam. Unfortunately the couple were not blessed with any issue. On that stage, the petitioner wanted to marry again to which the wife was objected and thus led to the development of bitter relationship in between husband and wife.

(3.) On 22.2.90 Smt. Prava Bora lodged an F.I.R, with the GeetaNagar PS. alleging inter- alia that her husband, the petitioner, tortured her by beating her severely on 21,2.90 and tried to burn her with putting kerosene oil on her person. A case was registered under Section 498 A IPC against the petitioner and investigation was started.