BHUPEN NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H. K. Nath, learned Counsel for the petitioner. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor for the State respondent and Mr. K. Sarma, learned Counsel appearing for the respondent No.2.

(2.) This application is filed under Sec. 401 of Criminal Procedure Code, 1973, challenging the judgment and order dt. 11/1/2011 passed by the learned Sessions Judge, Goalpara in Criminal Appeal No.3/2007 upholding the judgment and order passed by learned S.D.J.M., Goalpara in G.R. Case No. 1047/2004, whereby the petitioner was convicted under Sec. 494 of the Indian Penal Code (hereinafter to be referred as " IPC" ) and sentenced for 1 year Rigorous Imprisonment with fine of Rs.3,000.00 in default to undergo 6(six) months of Simple Imprisonment.

(3.) The brief facts of the case is that the respondent No.2 filed a complaint before the Chief Judicial Magistrate, Goalpara, alleging inter-alia that the petitioner/accused married one Smt. Arati Nath during the subsistence of her marriage with the petitioner/accused. Accordingly, the complaint was sent to the In-charge of jurisdictional Police Station for enquiry. Thereafter, the jurisdictional police station after enquiry registered a case No. G.R. 1047/2004 and after investigation filed Charge-sheet under Sec. 498-A/494/496/419 of IPC. Thereafter, the trial Court framed charge under Sec. 498-A/494 of IPC against the petitioner/accused and conducted the trial. After the conclusion of trial, the trial Court convicted the petitioner/accused under S. 494 of IPC and sentenced him thereof.