MD FAZNUR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 26/08/2009 passed by learned Addl. Sessions Judge (FTC) , Rangia in Criminal Appeal No. 61/2006. By the said judgment, learned Sessions Judge dismissed the appeal and upheld the judgment of the SDJM in GR Case No. 718/03, whereby the petitioner was convicted u/s 498 'A IPC and was sentenced to imprisonment for six months with fine of Rs. 1,000/-.

(2.) As per prosecution case, the petitioner Mina Begum (PW 2) was married to the present petitioner on 2/6/2001. Since after marriage, she was subjected to torture and harassment on demand of money and ultimately she was driven out of the matrimonial home. Mina Begum lodged an FIR with the Officer-in Charge, Goreswar Police Station. On the basis of said FIR, police registered a case and after usual investigation, submitted charge-sheet against the present revision petitioner u/s 498 'A IPC and eventually he stood trial for the offence u/s 498-A IPC.

(3.) In course of trial, prosecution examined four witnesses to establish the charge. Accused also examined four witnesses, including himself in support of his defence and on appreciation of evidence, learned trial court convicted the accused/petitioner u/s 498-A IPC and awarded sentence as indicated above.