ABHIJIT BORAH Vs. ARPANA RAJKUMARI

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 27.06.2008 passed by learned Sessions Judge, Morigaon in Criminal Appeal No. 30/2007. By the said judgment, learned Sessions Judge dismissing the appeal, upheld the judgment and order passed by the learned Judicial Magistrate, Morigaon in C.R. Case No. 718/2005, whereby, the petitioner was convicted u/s 498 (A) IPC and sentenced to imprisonment for two years and fine of Rs. 1,000/- with default stipulation.

(2.) As per prosecution case, the complainant Arpana Rajkumari was married to the petitioner in the month of April 2001. Since after the marriage, the petitioner tortured his wife (the informant), on the pretext, that the articles of dowry given at the time of marriage were of inferior quality. She remained in the matrimonial home tolerating the torture meted out to her and gave birth to a girl child. On 13.01.2005, the petitioner physically assaulted the informant, for which she left the matrimonial home on 14.01.2005 and lodged the complaint. On the basis of the said complaint, learned Magistrate took cognizance and issued process. Eventually, the petitioner stood trial and was convicted u/s 498 (A) IPC.

(3.) Learned counsel, Mr. A. J. Saikia for the petitioner and learned Addl. Public Prosecutor, Mr. J.C. Barman for the respondent were heard.