UMESH DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Present revision is preferred against the judgment and order dated 25.02.2010, passed by the learned Session Judge, Darrang, Mongoldoi, in Criminal Appeal No. 23(D-4)/2009, affirming the judgment and order dated 10.09.2009, passed by the learned Judicial Magistrate 1st Class, Darrang, Mangaldai, in GR Case No.901/2008, whereby the present accused person was convicted under Sec. 498(A) of Penal Code and sentenced to undergo simple imprisonment for four months and to pay a fine of Rs.1000.00, in default, to undergo rigorous imprisonment for four day.

(2.) I have heard Mr. U Choudhury, learned amicus curiae and Mr. PS Lahkar, learned Additional Public Prosecutor, Assam, for the State respondent.

(3.) Briefly stated the prosecution case is that, the respondent wife (wife of the petitioner) lodged a complaint before the court on 28.08.2008 with the allegation that she was married to the present petitioner on 10.10.1998 and was blessed with a child on 26.11.1999, however, the accused petitioner tortured her by demanding dowry from her. It was alleged that due to non- fulfilment of such dowry demand, she was assaulted and her husband/ petitioner also did not bear the expenses of the child. She was residing in a rented house, but the accusedpetitioner avoided her and ultimately having no other option she began to reside at Sipajhar separately, but the accused-petitioner did not bother to take care of the child and the respondent/wife. The said complaint was forwarded to Officer-in-Charge, Sipajhar and the same was registered as Sipajhar Police Station Case No. 202/2008, under Sec. 498(A)/406 IPC.