RAMESHWAR SOREN Vs. SUWASHANI MURMU

JUDGEMENT

(1.) This interlocutory application has been filed for condonation of delay of 387 days in filing the present criminal revision.

(2.) The admitted facts of the parties which appears from the impugned order is that both the parties are Santhal tribes and their marriage was solemnized on 25.05.2003 as per Santhal tradition. It is also an admitted fact that the opposite party filed a case under Section 498A IPC against the petitioner on the ground that she was subjected with cruelty by the petitioner and has been driven away from her matrimonial house. It is also an admitted fact that the opposite party-Wife is living in her mother's house since 2008. Before the trial court the opposite party-Wife examined herself as P.W.1 and supported her case. In her cross-examination she has affirmed that she is living with her mother since 18.12.2008 as she was driven out from her matrimonial house. In cross examination, she has further stated that she was being tortured by the opposite party which laid to filing of a criminal case and due to the continuous cruelty and torture by the petitioner herein she does not want to live with the petitioner.

(3.) The other prosecution witness before the court below was village Pradhan who examined himself as P.W.2. He fully supported the case of the petitioner. He has stated categorically that the petitioner is getting salary of Rs.20,000/- and has also got landed property. In his cross examination he has stated that he tried to persuade the petitioner to keep his wife in his house before the entire village people. In a nut shell, the village Pradhan has fully supported the case of the petitioner.