MON MAYUR SHARMAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Dutta, learned Senior Counsel, assisted by Mr. S. Bharali, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam appearing for the respondent No. 1/State and Mr. A. Goswami, assisted by Mr. N. Chakraborty, learned counsels for the respondent No. 2/complainant victim.

(2.) This revision petition under Sections 401 read with Section 397 of the Cr.P.C. is preferred against the judgment and order dated 23.12.2009 passed by the learned Sessions Judge, Jorhat in Criminal Appeal No. 17/2009 dismissing the appeal preferred by the accused/petitioners and upholding the judgment and order, dated 30.03.2009 passed by the learned Chief Judicial Magistrate, Jorhat in C.R. Case No. 1671/2005 convicting the accused/petitioner No. 1 (Sri Mon Mayur Sharma) under Section 494 of the IPC and the accused/petitioner No. 2 (Smti. Poree Sharma) under Sections 494/109 of the IPC and sentenced the petitioner No. 1 to undergo Rigorous Imprisonment for 7 (seven) years and to pay fine of Rs. 50,000/- (rupees fifty thousand) only, in default to undergo simple imprisonment for 1(one) year and accused/petitioner No. 2 to undergo simple imprisonment for 6(six) months and to pay a fine of Rs. 1,000/- (rupees one thousand) only, in default to undergo simple imprisonment for 1(one) month.

(3.) The allegations, in brief, as detailed in the complaint, dated 18.11.2005, filed in the Court of learned Chief Judicial Magistrate, Jorhat, inter-alia, revealed that in the year, 2004, the complainant (victim), aged about 19 years, was studying in 1st year degree course and the petitioner No. 1, who was a teacher in Bamunpukhuri High School, served as her private tutor. The complainant felt sympathetic towards the petitioner No. 1, learning from him about his wife's (the petitioner No. 2) physical incapacity and secretly made a proposal to marry her and stated that his wife, the petitioner No. 2 has consent to their marriage. On request of the petitioner No. 1, the complainant accompanied him to his house and she talked to the petitioner No. 2, who persuaded the complainant to marry her husband- the petitioner No. 1. On 31.12.2004, a registered marriage was executed between the petitioner No. 1 and the complainant, where the petitioner No. 2 stood as a witness. Thereafter, both of them consummated their marriage, but after some days as the petitioner No. 1 started to subject her to cruelty, physical and mental, on demand for dowry, she left their (petitioners) home, on 23.09.2005, and filed the complaint seeking justice.