SRI LAKHAN DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment and order dated 12.5.2008 passed by the learned Sessions Judge, Darrang Mangaldai in Sessions Case No. 97(DM)06 (GR Case No. 193 of 2006) under sections 498-A/304-B/34 IPC, whereby the accused appellants were convicted and sentenced to undergo RI for 2 (two) years and to pay fine of Rs. 2,000.00 in default of payment therefore, to suffer further rigorous imprisonment for 2(two) months each, for the offence under section 498-A/34 Penal Code. Being aggrieved with the conviction and sentence as aforesaid, the appellants preferred this appeal.

(2.) I have heard Mr. R Rs.Yadav , learned counsel for the accused appellants. Also heard B.J. Dutta, learned Additional Public Prosecutor for the State of Assam. Perused the impugned Judgment and the evidence adduced by the prosecution and the record.

(3.) The gist of the prosecution case is that on 14.3.2006, one Shri Gangadhar Deka lodged an FIR with the O/C Mangaldoi Police Station, alleging that his brother's daughter Anima Deka (deceased) was given marriage to Sri Dipak Deka (appellant No. 2) about 11 years ago and since her marriage, both appellant nos. 1 and 2 and mother-in-law of the deceased used to commit torture upon her both physically and mentally at her matrimonial home on the demand of dowry and ultimately they caused her death on 12.3.2006.