ASHIM DAS Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
STATE OF ASSAM
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RUMI KUMARI PHUKAN -
(1.) " You have to take care of a child and also to attend household work" is the version of husband towards his wife, who requested for little accommodation from her husband. The present case depict a sad end of a love story of an woman who eloped with her loved one and married him and after birth of a child, said person refusing to extend helping hand to his wife has rebuked her as above. The victim Manisha eloped with her loved one (accused petitioner) leaving aside all her family and curtailing all relations she married him. Out of their married life one child also born who was 2 years at the time of occurrence. On the day of occurrence on 20.6.05 victim asked her husband to accommodate her by holding the child, so that she can attend household work, but refusing the same he stated as above, which yield the end result of commission of suicide by wife. The brother of the victim lodged FIR against accused Ashim Das with allegation that his sister committed suicide for the intolerable cruelty inflicted upon her by her husband. On receipt of the ejahar Raha P.S.Case No.58 of 2005 U/S 498(A)/306 IPC was registered and took up the case for investigation. On completion of investigation, police submitted the charge sheet against accused Ashim Das U/S 498 (A)/306 IPC.
(2.) The case being exclusively triable by the Court of Sessions, the Judicial Magistrate, committed the case to the Court of Sessions at Nagaon. The accused person duly appeared before the Court and faced the trial and after hearing both sides charges U/S 498(A)/306 IPC framed and explained to accused to which he pleaded not guilty and claimed to be tried.
(3.) The prosecution examined 10 witnesses and defence examined one. On closing of prosecution case the statement of accused person was recorded U/S 313 CrPC. The plea of defence was of total denial At the conclusion of the trial, the accused person was convicted U/S 306 IPC sentenced him S.I. for three years and pay fine of Rs.3000/- in default S.I. for one month.;
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