SRI BIREN DAS AND 2 ORS. Vs. THE STATE OF ASSAM AND ANR.
HIGH COURT OF GAUHATI
Sri Biren Das And 2 Ors.
The State Of Assam And Anr.
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MIR ALFAZ ALI,J. -
(1.) This criminal revision is directed against the judgment and order dated 09.10.2009 passed by the learned Additional Sessions Judge, Biswanath Chariali, in Crl. A. No. 3(S- 1)/2009. By the said judgment, the learned Sessions Judge upheld the conviction of the petitioner under Section 498A/406 IPC. However, modified the sentence by reducing fine of Rs. 2000/- under Section 406 IPC to Rs. 1000/- and sentence of imprisonment under Section 498A from one year to three months.
(2.) As per prosecution case, the complainant Pratima Das was married to the petitioner Biren Das on 06.06.2003 and they started their conjugal life at Bhalukpung, the place of work of the petitioner No. 1, where the petitioners No. 2 and 3 were also residing with the petitioner No. 1. All the petitioners started to torture the complainant physically and mentally demanding dowry. The complainant was pregnant and her parents had to take her to parental house for delivery. The petitioner/husband did neither take care of the complainant and the new born baby nor paid any expenses. Later on, finding no other way, the father of the complainant left her in the original house of the petitioner No. 1 at Samuguri. Leaving the complainant there, the petitioner No. 1 went to Bhalukpung. Later on, the complainant's father took the complainant to the house of the petitioner No. 1 at Bhalukpung, but the petitioner No. 1 did not allow the complainant to enter the house and had thrown away her from the house. The petitioner No. 1 also retained the articles (stridhana), which were given to the complainant at the time of marriage and caused damage to some of the articles. Therefore, a complaint was lodged by the complainant wife before the learned SDJM, Biswanath Chariali, on the basis of which, learned SDJM took cognizance against the accused persons named in the complaint and issued process. In obedience to the process issued from the court, the accused persons appeared and eventually, learned Trial Court framed charge against all the 6 accused persons named in the complaint under Section 498A/406 IPC, to which, all of them pleaded not guilty.
(3.) Five witnesses were examined by the complainant to establish the charges and on appreciation of the evidence, learned Trial Court convicted the three petitioners under Section 498A and the petitioner No. 1 Biren Das both under Section 498A and 406 IPC. Other accused persons were acquitted by the learned Trial Court. Upon conviction of the petitioners, learned Trial Court awarded sentence of fine of Rs. 2000/- under Section 406 IPC and in default to SI for two months to the petitioner No. 1 and all the petitioners were sentenced to imprisonment for one year for the offence under Section 498A IPC.;
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