BABUL HALDER Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 26.05.2005 passed by the learned Sessions Judge, Bongaigaon in Criminal Appeal No. 2(1)/2005 affirming the judgment and order dated 27.12.2004 passed by the learned Chief Judicial Magistrate, Bongaigaon on 27.12.2004 in G.R. Case No. 393/2001 convicting the petitioner under Section 498(A) IPC and sentencing him to imprisonment for 3 (three) months and to pay fine of Rs. 300/-, in default to imprisonment for 15 (fifteen) days.

(2.) The background facts are that the marriage between the petitioner and the informant was solemnised according to Hindu Customs on 10.12.2001, but after about 6 days of the marriage, the informant had to come back to her parents house because of the torture meted out to her by her husband and other relatives demanding Rs. 50,000/-. She filed FIR before police. A case was registered and after completion of investigation Charge-Sheet was filed.

(3.) The learned Chief Judicial Magistrate before whom the case came up for trial examined 6 witnesses. Defence examined one witness. The accused petitioner denied that he tortured his wife demanding dowry. The learned Chief Judicial Magistrate on the basis of the evidence on record came to the finding that the accused petitioner committed offence under Section 498(A) IPC and convicted him accordingly as stated above. In appeal, the judgment was affirmed. Hence, this revision.