RAJKAMAL CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Chakraborty, learned counsel for the accused appellant and Mr. B. Sinha, the learned P.P.

(2.) This appeal is directed against the Judgment and Order dated 15.7.2004 passed by the Ad hoc Addl. Sessions Judge, Karimganj in Sessions Case No. 73/2003 (GR Case No. 213/2002) whereby the accused appellant was convicted u/s 498 (A)/306 JPC and sentenced to imprisonment for five years and to pay a fine of Rs. 5,000/- in default further imprisonment for three months u/s 306 IPC. The accused appellant was also sentenced to imprisonment for six months and to pay a fine of Rs. 1,000/- in default further imprisonment for one month u/s 498 (A) JPC. Both the sentences were ordered to run concurrently.

(3.) The facts in brief is that the accused appellant Rajkamal Choudhury @ Babu Choudhury is the husband of Shanta Choudhury. The said Shanta Choudhury committed suicide by drowning in the well situated within the compound of the accused appellant on 28.2.2002, i.e., within seven years of the marriage as we find that the marriage was solemnized between the parties some time in the year 1998. The brother of the deceased thereafter filed a written FIR alleging interalia that since the solemnization of the marriage, the accused appellant and his mother Rekha Chowdhury used to torture the deceased, both physically and mentelly in respect of dowry demand and other domestic affairs as a result of which the deceased was forced to commit suicide. Police conducted usual investigation and submitted charge sheet and the two accused were tried far commission of offence u/s 498 (A)/304 (B) IPC.