BIREN HANDIQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is a Criminal Revision Petition, filed under Sections 397/401 of the Cr.PC, challenging the legality, propriety and correctness of the judgment and order, dated 04.12.2008, passed in GR Case No. 665/2008 (GMK) under Sections 448/497 of the IPC by the learned Additional Chief Judicial Magistrate, Dhemaji. This revision petition has been preferred as per the law prevalent at that time.

(2.) The fact of the case is that the informant, Biren Handique/PW1 lodged an FIR with the Gogamukh Police Station alleging that the accused-respondent No. 2, Golap Gogoi, was maintaining illicit relationship with his wife, Puspanjali Handique/PW4. On 03.07.2008, at about 9:00 pm, the informant/PW1 saw the accused/respondent No. 2 coming to his house. When said Golap Gogoi/respondent No. 2 saw the informant/PW1, he came with a dao to assault him (informant). According to the informant, his wife/PW4 also admitted her illicit relationship with the accused/respondent No. 2.

(3.) On receipt of the FIR, the Gogamukh Police Station registered a case, investigated into it and on completion of investigation, charge-sheet against the accused/respondent No. 2 was laid under Sections 448/497 of the IPC.