(1.) Both these appeals are taken up together for hearing and disposal, as the same have arisen out of same judgment and order dated 22.12.2015, passed by the learned Addl. Sessions Judge (FTC) No.3, Kamrup (M) at Guwahati, in Sessions Case No.340/2012, under Section 498(A)/307 of the IPC, convicting the accused (appellant in Crl. Appeal No.36/2016) by the trial Court to pay of fine of Rs.1,000/- (Rupees one thousand) for the offence under Section 323 of the IPC and in default of payment of fine, the accused was sentenced to undergo S.I. for 10 days.
(2.) Being aggrieved by the aforesaid judgment and order, the informant Nandita Konwar preferred the Crl. Appeal No.43/2016 for alteration of the judgment on proper appreciation of evidence and materials available on record and the convicted accused Utpal Gohain filed the Crl. Appeal No.36/2016, for setting aside the impugned judgment and order of conviction and sentence and to acquit the accused/appellant from the offence, as stated above.
(3.) I have heard Mr. B.D. Konwar, learned senior counsel appearing for and on behalf of the appellant in Crl. Appeal No.43/2016 and Mr. P. Kataki, learned counsel for and on behalf of the accused/appellant in Crl. Appeal No.36/2016. I have also perused the materials available before the Court and evidence on record (LCR).