CHITTARANJAN MAHANTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order dated 17.4. 1997 passed by the Learned Sessions Judge, Kamrup at Guwahati in Sessions Case No. 142(K)93 under Section 498(A)/306 of I.P.C. The learned Sessions Judge by the impugned judgment convicted the appellant under aforesaid provisions of the Indian Penal Code and sentenced him to suffer imprisonment for a period of two years and to pay fine of Rs. 1000/-, in default, further imprisonment for one month under Section 498(A) I.P.C. and to suffer rigorous imprisonment for four years and to pay fine of Rs. 2000/-, in default, further imprisonment for two months under Section 306 I.P.C.

(2.) The wife of the appellant committed, suicide on 7.12.1989 by, hanging herself in the bathroom. The matter was reported to the Officer-in-Charge of Dispur Police Station on the same day. It was registered as U.D. Case No. 32/90. The women activists submitted an application, Exhibit- 2, before the Police and this was also registered as G.D. Entry No.374 dated 9.12.1989. The Sub-Inspector of Police, Shri D.C. Barua was directed to enquire into the matter. Later on, Dispur Police Station Case No.762/89 under Section 306 I.P.C. was registered. On completion of the investigation, the police submitted charge sheet against the appellant. Prosecution case against the appellant is based on the allegations that the deceased was subjected to mental and physical torture by the appellant which ultimately led her to commit suicide.

(3.) On commitment, the learned Sessions Judge framed charge against the appellant under Section 498(A)/306 I.P.C. The prosecution examined 14 witnesses to bring home the aforesaid charges. The defence examined two witnesses.