SRI SUBHASH HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. K. Munir, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent.

(2.) This application, filed under Ss. 397, read with Ss. 401 and 482 of the Cr.P.C, seeks to set aside the Judgment and Order dtd. 20/12/2012 passed by the learned Sessions Judge, Dhemaji, in Criminal Case No. 36(4)/2012. The order upheld and modified the Judgment dtd. 29/9/2012 passed by the learned Additional Chief Judicial Magistrate, Dhemaji [in short 'Addl. CJM], in G.R. Case No. 541/2012. The petitioner was originally convicted under Sec. 498A IPC and sentenced to 3 years' simple imprisonment [S.I] and a fine of Rs.10,000.00, in default of which he was to serve another 6 (six) months' S.I. The Sessions Judge modified the sentence to 6 months' S.I. and a fine of Rs.2,000.00, with a default sentence of 1 month's S.I.

(3.) The prosecution case, in brief, is that the complainant, Smti Rini Hazarika, lodged an FIR on 4/7/2012 before the Officer-in-Charge, Sissiborgaon Police Outpost, under Silapathar Police Station, alleging, inter alia, that the accused/petitioner, who is her husband started subjecting her to both physical and mental cruelty demanding dowry, just one month after their marriage. She further alleged that on 3/7/2012, the accused/petitioner drove her out of her matrimonial home, causing physical injuries on her person. Having no alternative, she sought shelter at her parental home. It was further alleged that on the same day, the accused visited the residence of his in-laws and attempted to set fire to their house. Additionally, he allegedly threatened the complainant with dire consequences.