ARUP HALOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal revision under Sec. 401 read with Sec. 482 of the Crimial P.C. preferred by the petitioner challenging the legality and validity of the impugned judgment and order dated 20.05.2006 in Criminal Appeal No. 69/2004 passed by the learned Additional Sessions Judge, Kamrup, in upholding the judgment and order dated 16.10.2004 passed in C.R. No. 2335C/2003 by the learned S.D.J.M. (S) No. 1, Kamrup in convicting the petitioner and sentencing him to undergo rigorous imprisonment for a period of 4 (four) months and to pay fine of RS. 1,000.00 and in default to suffer rigorous imprisonment for 1 (one) month.

(2.) The facts of the case of the petitioner is that the respondent as complainant has filed a complaint case against the petitioner before the learned Chief Judicial Magistrate, Kamrup alleging that on 07.03.2000 she was married to the petitioner as per Hindu rites, and thereafter, they were started living as husband and wife in the house of the husband at Bhetapara, Guwahati. It is alleged that after the marriage, the petitioner and his family members started torture her both mentally and physically for demand of dowry. She was physically assaulted even for getting not satisfactory state of articles. Further she complained that her husband and her father-in-law demanded RS. 50,000.00 as dowry and warned her that she will be tortured more if she fails to fulfil the demand, and ultimately, on 27.06.2003 she was driven out from the house of the petitioner.

(3.) Learned Courts below took cognizance of the complaint under Sec. 498A of the Indian Penal Code and notice was served upon the petitioner to answer the charge. Accordingly, the petitioner entered into appearance before the learned Trial Court and denied the charge under Sec. 498A of the Indian Penal Code, which was levelled against him. The learned Trial Court after examining three witnesses of the complainant concluded the trial and finally held the accused guilty under Sec. 498A of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for four months and also to pay fine of RS. 1,000.00, in default, rigorous imprisonment for one month as aforesaid.