RIPU BISWAS Vs. BADAL BISWAS

JUDGEMENT

(1.) In this revision petition, challenge is to the judgment dated 4.8.2003 in case No. CR 161/1998 whereby and whereunder the learned Chief Judicial Magistrate acquitted the Respondent-husband of the Petitioner and other in-laws from the charges levelled against them under Section 498A of the IPC.

(2.) When the matter is called on, none appears for the parties and even there is no prayer for adjournment also, though it appears from the record that the Petitioner engaged Mr. K. Roy, learned advocate and the accused-Respondents have engaged Mr. N. Majumdar, learned Counsel to represent them. As the instant revision petition is pending since 2003, the matter is taken up for deciding on merit.

(3.) The ease of the Petitioner, who was the complainant in the trial court, in short is that she was married with accused-Respondent No. 1, Sri Badal Biswas in the month of Magh, 1991 as per Hindu rites and customs in her father's house at Debipur (Matai). In her marriage, along with other articles, one TV and a Cash amount of Rs. 25,000 was given, but after marriage, her husband, accused-Respondent No. 1, at the instigation of other accused-Respondents, started torture upon her physically and mentally for bringing more money from her father's house but as her father was poor, she failed to fulfil the demand of her husband and due to such non-fulfilment of demand, the torture upon her increased day by day. The Petitioner-Plaintiff was performing her duties as a Hindu woman and she became pregnant. In the month of Bhadra, 1993 she was thrown out of the house of her in-laws. After being assaulted, she took shelter in the house of her father and till then she was staying there. Ultimately she gave birth to a son, but the accused Badal Biswas did not take care of her or their son. Not only that, the accused persons also kept her off her stridhan and then she was thrown out. Her father tried to mitigate the matter but he failed. Her father along with other elderly villagers, namely, Swapan Sarkar and others went to the house of accused-persons but in presence of those persons, the Petitioner and her father were assaulted. Again on, 28.9.1998 she went to her in-laws house. But the accused persons told her to go out of their house after using slang language and told that "Our elder daughter-in-law, (Bara Bou) is dead". On receiving this comment, a complaint case was registered at Belonia court and thereafter, the said court issued process and accordingly the accused persons appeared and faced trial.