DILIP SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The challenge made in this Criminal Revision is the judgment and order dated 12.3.1998 passed by the learned Sessions Judge, Kamrup, Guwahati in Criminal Appeal No. 36/97 upholding the order of conviction and sentence dated 30.9.1997 passed by the learned Additional Chief Judicial Magistrate, Kamrup, Guwahati in Case No. GR 3504/94 under Sec. 498(A) of IPC and sentenced him to undergo simple imprisonment for two months with a fine of Rs. 3000 in default simple imprisonment for another period of 2 months.

(2.) I have heard Mr. B Kalita, learned senior counsel for the petitioner and also Mr. K Munir, learned Public Prosecutor for the State.

(3.) The prosecution case, inter alia, is that on 7.10.1994, an FIR was lodged by PW 1 before the Officer in -charge of All Women Police Station, Panbazar, Guwahati alleging, inter alia, that the accused -petitioner Dilip Sarma married her according to Hindu rites and customs on 20.2.1994 and started ill -treating her both physically and mentally demanding dowry since after the marriage. She tolerated all the tortures silently. The accused did not allow her to use her gold ornaments and kept the key of the godrej almirah where she kept the ornaments with him. On 6.10.1994 at about 6/7 p.m., while the accused assaulted her by giving blows, she reported the occurrence to her father. On receipt of the information, her father came and tried for reconciliation, but the accused and his parents drove her out from their house. She left her matrimonial house along with her father and since then she is living with her father. Her in -laws, though knew about the torture, she always remained silent. The accused Muhinath Sarma, her father -in -law and Pradip Sarma, her brother -in -law also rushed to her with the intention to assault her. On receipt of the FIR, police registered a case under Sec. 498(A) of IPC against the accused persons. After completion of the investigation and after recording the statements of the informant under Sec. 164 Cr.P.C. by Magistrate, the police submitted charge sheet against the accused persons under Sec. 498A of IPC. In GR Case No. 3504/94 the informant/victim was also examined by the doctor on the next day of the incident.