MD. HARMUZ ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The prosecution case in brief is that on 05.08.04, the informant Mustt. Basatan Bibi lodged an ejahar with the Bogribari P.S to the effect that, she was married with the accused, Md. Hurmuz Ali about three years ago as per the Muslim Custom and law. Sufficient dowry of Rs. 10,000/- along with gold ornament was given in the marriage but despite the same her husband Harmuz Ali and all other inlaws (total 6 in Nos.) tortured her physically and mentally. They badly beaten her and forcefully taken away the golden ornaments and misappropriated the money and on 01.08.04 all the accused persons by making a conspiracy confined the petitioner in their house and after severely assaulting her causing bodily injury, she was thrown on the road. The said ejahar was registered at the Bogribari PS Case No. 108/04, and investigation was conducted into the case. The investigating officer visited the place of occurrence, draw the sketch map, recorded the statement of the witnesses u/s 161 Cr.P.C, and finding sufficient material against the accused Hurmuz Ali submitted the charge sheet u/s 498(A) I.P.C and the other persons named in the FIR not sent up for trial.

(2.) The accused faced the trial denied the charge that was framed against him u/s 498A IPC and claimed to be tried. To bring home the charge, prosecution examined 7 witnesses and defence examined none. Plea of defence is of total denial. Statement of accued person was recorded u/s 313 Cr.PC wherein he denied all the allegations. At the conclusion of the trail, the learned trial Court held the accused guilty u/s 498A IPC and convicting him under said section of law sentenced him to SI for 6 months and to pay fine of Rs. 500, in default SI for 30 days. The appeal preferred by the accused petitioner was dismissed, hence the present petition.

(3.) I have heard the submission of learned counsel Mr. R Sharma for the petitioner and Mr. B J Dutta, the learned Addl. PP for the State/respondent.