MD MAHAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS Criminal Revision has put to challenge the judgment and order, dated 30.07.3004, passed by the learned Sessions Judge, Bongaigaon, in Criminal Appeal No. 3(1)/2004, dismissing the

(2.) THE case of the prosecution may, in brief, be described thus: The opposite party herein lodged, on 18.06.2002, a written complaint, in the Court of the learned Sub -Divisional Judicial Magistrate, Bijni, alleging to the effect, inter alia, thus: On 18.01.2004, she had been married to the accused, Mahar Ali (i. e. , the present accused -petitioner) and both of them started living together as husband and wife. At the time of their marriage, the accused had received an amount of Rs. 8,000/ - and a Hero bicycle from her parents. After a few months of her stay at her matrimonial house, the accused demanded that the complainant shall bring Rs. 20,000/ - from her parents' house and, on the failure of the complainant to do so, the accused assaulted the complainant and refused to give her food. A 'Bichar' (i. e. , sitting of the elders for settlement of dispute) was held on 27.03.2002, wherein the accused sought apology and promised to keep the complainant properly; but, on 01.04.2002, at about 3 -00 p. m. , the accused and his relatives assaulted the complainant and ousted her from her matrimonial house. In fact, the accused, thereafter, had served a notice on the complainant and,

(3.) AT the trial, however, the accused persons pleaded not guilty to the charges framed against them. The accused were, then, examined under Section 313 CrPC and, in their examinations aforementioned, the accused denied that they had committed the offence alleged to have been committed by them, the case of the defence being that of total denial.