MANGAL MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. J. M. Choudhury, Learned Senior Counsel for the appellant, assisted by Mr. N. P. Das and Mr. P. C. Gayan, Learned Public Prosecutor, Assam.

(2.) THIS appeal is directed against the Judgment and Order dated 06. 09. 2006 passed by the Learned Sessions Judge, Morigaon in Sessions Case No. 27/05, arising out of GR Case No. 749/02, convicting the accused/appellant under Section 302/ipc and sentencing him to undergo rigorous imprisonment for life and pay a fine of Rs. 10,000/- (Rupees Ten Thousand) only and in default of payment of fine to suffer rigorous Imprisonment for another six months.

(3.) THE prosecution story unfurled in the FIR, Exhibit 1, as lodged by Sri Prashanta Dey, PW-1 is that one Sri Chandan Dey, a resident of Rangia, married his sister Smti Mamoni Dey as per their religion/custom and in the marriage he paid a large amount of dowry to the bridegroom, Sri Chandan Dey but he was not satisfied with the dowry and started to beat his sister Smti Mamoni Dey badly demanding cash amount from her. The complainant, Prashanta Dey managed to pay to the said Chandan Dey cash amount of Rs. 26,000/- by selling his land but he was not satisfied and has been "oppressing" his sister Mamoni Dey physically demanding more dowry.