AMJAT ALI Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
STATE OF ASSAM
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AJIT BORTHAKUR,J. -
(1.) This Criminal Revision petition under Sections 397/401 Cr.P.C. is preferred against the judgment and order, dated 29.11.2008, passed by the learned Sessions Judge, Darrang at Mangaldai, Assam in Criminal Appeal No. 3 (D- 1) of 2008, whereby the judgment and order, dated 29.12.2007, passed by the learned Judicial Magistrate, 1st Class at Udalgiri in G. R. Case No. 422/2006, convicted the accused petitioners under Section 498A/34 IPC a nd sentenced to suffer simple imprisonment for six months and to pay fine of Rs.1000/- each, in default of fine to undergo simple imprisonment for one month, has been upheld.
(2.) The petitioners' case, in a nutshell, is that one Banecha Khatoon, the wife of the petitioner No. 2 lodged an FIR, on 28.8.06, with the in-charge of Kharupetia Police Out Post alleging, inter-alia, that she was subjected to cruelty by the petitioners, on demand for dowry. Based on the said FIR, Kharupetia G. D. Entry No. 771, dated 29.08.2006, was made and on being forwarded registered as Dalgaon P.S. Case No.296/2006. The case was investigated and finally charge-sheet was submitted, on 30.10.2006, vide Dalgaon P.S. Charge-Sheet No. 181/2006 under Section 498A/34 IPC, whereupon G. R. Case No. 422/2006 was registered in the Court of learned Sub-Divisional Judicial Magistrate (M) at Udalguri and trial was held in the Court of learned Judicial Magistrate, 1st Class at Udalguri. Charge was framed and read over to the accused petitioners, to which they pleaded not guilty and claimed to be tried. During trial, the prosecution examined 5 (five) witnesses, but the defence examined none. Thereafter, the statements of the accused petitioners were recorded under Section 313 Cr.P.C., wherein, they pleaded innocent and declined to examine any witness in defence.
(3.) After conclusion of trial of the case, the learned Judicial Magistrate, 1st Class, Udalguri held the accused petitioners guilty of the charge and accordingly convicted them and sentenced as stated above. Being aggrieved, the accused petitioners preferred an appeal in the Court of learned Sessions Judge, Darrang at Mangaldai, being Criminal Appeal No. 3 (D-1)/2008, wherein the conviction and sentence passed by the learned Magistrate was upheld.;
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