DHARMA SARMA AND ORS. Vs. MAMANI SARMA

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 13.11.2003 passed by the learned Additional Sessions Judge, Nagaon in Criminal Appeal No. 3(N)/2003 affirming the judgment and order passed by the learned Judicial Magistrate, First Class, in C.R. Case No. 2644/1998, whereby, the learned Court convicted the revision petitioners under Section 498(A) read with Section 34 of the IPC and sentenced them to Simple Imprisonment for 1 (one) year and to pay fine of Rs. 500/- each, in default, to Simple Imprisonment for another 1 (one) month.

(2.) The sum and substance of the prosecution case is that the marriage between the petitioner Sri Dharma Sarma and the informant Smt. Mamani Sarma was solemnised on 11.03.1998 and after the marriage, they started living together as husband and wife. Soon after the marriage acrimony had started brewing in their marital relationship. The allegation of the informant was that her husband and other relatives started torturing her demanding Rs. 40,000/- and ultimately, she was driven out from her matrimonial house. The articles given to her by her parents at the time of marriage were not returned to her. She filed a complaint before the learned Chief Judicial Magistrate, Bongaigaon which was made over to the judicial Magistrate First Class for disposal.

(3.) The complainant examined 5 witnesses including herself in support of her case. Defence examined none. The accused revision petitioners denied that they tortured the complainant demanding dowry. Learned Court on the basis of the evidence on record found the accused revision petitioners guilty under Section 498(A) IPC and convicted them and sentenced them as stated above. In appeal, the judgment of the Trial Court was affirmed. Hence, this revision.