MAHESWAR MALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. T. J. Mahanta, learned Senior Counsel assisted by Mr. T. Gogoi, learned Counsel for the appellant. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor, Assam for the State respondent and Mr. B. M. Choudhury, learned Counsel for the private respondents.

(2.) This appeal is preferred under Sec. 372 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") against the judgment and order dtd. 13/12/2012 passed by the learned Additional Session Judge, (F.T.C.), Kamrup, Rangia (hereinafter referred to as the "trial Court") in Session Case No. 38(K)/2007, whereby the accused persons/private respondents were acquitted from the charge under Sec. 498(A)/306 of the Indian Penal Code (hereinafter referred to as "IPC").

(3.) The brief facts of the case are that on 7/9/2004 the appellant lodged an FIR before the jurisdictional police station alleging inter alia that on 11/2/2004 his daughter Smti. Mintu Das Deka (hereinafter referred to as "deceased") was married to the accused person/respondent No.2 and after a few days of marriage she was subjected to torture by the accused persons/private respondents. It was further alleged that she was pregnant, however, the accused/respondent No.2 was forcing her to terminate the pregnancy, which she refused. It is further alleged that on 6/9/2004 the deceased died because of burn injury.