HIREN HALOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) These two criminal revision petitions, being Criminal Revision Petition No. 316/2009 and Criminal Revision Petition No. 309/2009, are taken up together for disposal as both the revision petitions have arisen out of the same judgment, passed by the learned Judicial Magistrate 1st Class, Kamrup (M) , Guwahati, in CR Case No. 2402c/2003, convicting and sentencing the accused- revision petitioners to rigorous imprisonment for 2 years each, and to pay a fine of Rs. 2,000/- each, with a default clause, which was upheld by the learned Additional Sessions Judge (FTC) No. 3, Kamrup (M) , in Criminal Appeal No. 47/2007.

(2.) The fact leading to the Complaint Case No. 2402c/2003 is that, the complainant/respondent No. 2, got married with the accused-revision petitioner Hiren Haloi, on 27.4.2001, and since the very first day of their conjugal life, her accused-husband meted out inhuman torture on her person and even she was sexually harassed. Thereafter, the accused persons/present revision petitioners started demanding dowry from her and her widowed mother, and the complainant had to give an amount of Rs. 50,000/- and one gas cylinder with stove to her accused-husband on various dates. Even thereafter, there was a demand for Rs. 1,50,000/-, which she could not satisfy, and therefore torture on her person was increased day by day. Since 18.2003, the complainant/respondent No. 2 has been staying in her parental home and her accused-husband/revision petitioner kept demanding money from her over telephone during her stay in parental home. She was also subjected to threatening on various dates as indicated in the complaint petition itself.

(3.) On the basis of the aforesaid complaint, the learned trial court had taken cognizance against the accused-revision petitioner and another of offences under Sections 498 (A) /325/354/406/506/34 of the IPC.