PRADESH RAI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. K. Ghosh, learned Sr. Counsel for the accused petitioner and Mr. B. Sinha, learned PP, Assam.

(2.) This revision application is directed against the Judgment and Order dated 18.6.2001 passed by the learned Sessions Judge, Morigaon in Criminal Appeal No. 32/ 2000 affirming the Judgment and Order dated 20.9.2000 passed by the learned Chief Judicial Magistrate, Morigaon in GR Case No. 830/96. By the aforesaid Judgment and order, the revision petitioner has been convicted under Section 498A of IPC and has been sentenced to undergo Rigorous Imprisonment for 6 months and to pay a fine of Rs. 1000.00, in default to undergo further Rigorous Imprisonment for 2 months.

(3.) The case of the prosecution, in brief, is that on 29.12.96 a FIR was lodged by PW 1. Shri Bhola Das, to the effect that his daughter, one Juni Das, was given in marriage to the accused petitioner in the year 1994. According to the first informant, while his daughter was living with the accused petitioner she was tortured by the accused petitioner who made repeated demands for dowry. According to the first informant, his daughter Juni Das was driven away from the matrimonial on 18.12.96. On the basis of the FIR filed, the Police registered a case and started investigation thereof on completion of which, Charge Sheet was filed against the accused petitioner under Section 498AIPC. In the learned Trial Court, charge was framed against the accused petitioner under the aforesaid Section of the IPC to which he pleaded not guilty and claimed to be tried. In course of the trial, as many as 5 witnesses were examined by the prosecution whereas one witness was examined by the defence. The statement of the accused was recorded under Section 313 Cr.P.C. On completion of the trial, the learned Trial Court convicted and sentenced the accused petitioner, as aforesaid. Aggrieved, the accused petitioner filed an appeal before the learned Sessions Judge which having been dismissed by the impugned order dated 18.6.2001, the present revision application has been filed.