DHANESWAR BORA Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
STATE OF ASSAM
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AJIT BORTHAKUR,J. -
(1.) Heard Mr. A.K. Bhattacharyya, learned Sr. counsel assisted by Mr. B. M. Choudhury, learned counsel appearing for the appellant and Mr. T. K. Mishra, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
(2.) This is an appeal under Section 374(2) of the Code of Criminal Procedure, 1973(for short 'Cr.P.C') preferred against the judgment and order, dated 03.10.2008, passed by the learned Sessions Judge, Morigaon, Assam in Sessions Case No.69/2005, whereby the accused appellant is convicted under Sections 498A/306 of the Indian Penal Code (for short 'IPC') and sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.2000/- only, in default to further rigorous imprisonment for one month under Section 498A of IPC and to undergo rigorous imprisonment for five years and to pay fine of Rs.5000/- only, in default to suffer rigorous imprisonment for two months under Section 306 of the IPC. Appellant's Case:
(3.) The appellant's case, in a nutshell, is that one Kabyajyoti Bora lodged an FIR before the Officer-in-Charge, Morigaon Sadar P.S. on 11.01.1998, alleging that his sister Malabika Bora, who was married to the appellant performing Hindu religious rites, used to tell them occasionally that her husband/the appellant herein perpetrated cruelty on her and on that day at about 7.15 PM, the Police personnel from Bordowa Police Station informed them that his said sister was dead. On receipt of the said information, he rushed to the house of the appellant and found the information to be correct. He came to know from the people that the appellant had committed the incident in a planned manner. It was further alleged that the appellant had shifted to a house near to his college and he stopped his family members from visiting the said house. Investigation, Trial & Conviction:;
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