MOUTUSHI SARKAR Vs. RAJIB SARKAR

JUDGEMENT

(1.) This appeal is against the judgement of acquittal dated 25/10/2010 of the learned Judicial Magistrate, 1st Class, Sankardev Nagar, Hojai in CR Case No. 154/2007 in CR Case No. 154/2007, by which the accused respondents have been acquitted of the charge under Section 498-A IPC.

(2.) I have heard Mr. B. Malakar, learned counsel for the appellant. Also heard Mr. S. Dutta, learned senior counsel assisted by Mr. C. Sharma, learned counsel for the respondents. I have also heard Mr. B. Gogoi, learned APP, Assam. I have also perused the entire materials on record.

(3.) On receipt of the complaint petition, CR Case No. 154/2007 was registered under Section 498(A)/34 IPC against he accused persons. Upon examination of the complainant and one Court witness, cognizance of the offence under Section 498(A) IPC was taken and the accused persons were called upon to answer the charge. After framing of the charge under Section 498-A IPC, the same was read over and explained to the accused persons to which they pleaded not guilty and claimed to be tried.