DEBEN BISWAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision has been filed against the judgment and order dated 16.3.2006 passed by the learned Sessions Judge, Darrang in Criminal Appeal No. 17(D3)/2005 upholding the impugned judgment and order of conviction of the revision petitioner by the trial court passed in CR Case No. 299/2000 under the charge of Section 498A, IPC.

(2.) The main challenge that has been made by the revision petitioner in this present revision is that the learned trial court failed to appreciate the evidence on record in its proper perspective and also the law laid down by the Supreme Court. In the revision petition, it was contended that the sole respondent was not the legally married wife of the revision petitioner and, therefore, the conviction awarded by the learned trial court and upheld by the learned appellate court under the charge of Section 498A, IPC is not legally sustainable.

(3.) In order to appreciate the claim of the revision petitioner, it would be appropriate for this court to survey the facts of the respondent herein in a brief manner. The respondent herein, as complainant, filed a complaint case alleging, inter alia, that she was in love with the revision petitioner and consequently she became pregnant for which a village 'Mel' was convened on 19.1.2000 and as per the decision of the said 'Mel', the revision petitioner accepted the respondent/complainant as his wife and took her to home and stayed as husband and wife and after 1-1/2 months of the marriage, a male child was borne to her. But, after the birth of the child, the revision petitioner and his family members started ill treatment towards the complainant (respondent herein) both physical and mental and ultimately drove her out from her matrimonial home on 22.8.2000. The respondent, complainant, finding no other alternative, again, convened a 'Mel' on 31.8.2000 and in the said 'Mel', the revision petitioner refused to take her back and thereafter, she finding no other alternative, lodged a complaint before the learned Chief Judicial Magistrate, Darrang and on being made over the case, the learned Magistrate, after due trial, convicted the revision petitioner for the charge under Section 498A, IPC.