- (1.) These are two applications, the first one registered as CRR No. 2152 of 1996, arose out of an application under Section 401 and 482 of the Code of Criminal Procedure was filed by the accused- petitioner for setting aside the impugned judgment dated 31.7.1996 passed by Learned Addl. Sessions Judge 3rd Court, Alipore affirming conviction of the accused passed by Learned SDJM, Alipore under Section 498A of the Indian Penal Code and the second application which was registered as CRR No. 3130 of 1996 under Section 401 of the Code of Criminal Procedure, was filed by the de facto complainant of the same case with a prayer for enhancing the sentence dated 31.7.1996 passed by the Additional Sessions Judge 3rd Court, Alipore in misappeal No. 73 of 1995.
(2.) The facts leading to the filing of the aforesaid two revisional applications are as follows : Smt. Alokananda Bose lodged an FIR under Section 498-A of the IPC at Lake Police Station against her husband Gauri Sankar Bose alleging inter alia that accused married the informant on 23.2.1991 according to Hindu Customs and Rites. After their marriage, the informant lived with the accused as his wife and during such marriage she gave birth to two children, a son and a daughter. The informant was subjected to cruelty. It was specifically alleged that on 17.5.1992 the accused assaulted the informant with a hard substance like screw-driver and caused grave injury on her head. The informant thereafter lodged the FIR and the police after due investigation of the case submitted charge-sheet under Section 498A IPC against the accused who is the O.P. No. 1 in CRR No. 3130 and petitioner in CRR No. 2152. It was further alleged that the case was tried by Learned SDJM, Alipore and in such trial the accused was charged under Section 498A of IPC. Some witnesses were examined and few documents were exhibited from the side of the prosecution, in course of the trial. No witness or document was produced from the side of the accused person. The Learned Magistrate on consideration of the evidence on record convicted the accused under Section 498A of the IPC and sentenced the accused person to RI for six months and to pay a fine of Rs. one thousand in default to suffer RI for a further period of two months. The said conviction and sentence were passed by the Learned Magistrate by his judgment dated 7.12.1995. Against the said judgment of GR case No. 1703 of 1992, the accused preferred an appeal and the said appeal ultimately was heard by Learned Additional Sessions Judge 3rd Court, Alipore and by his order dated 31.7.1996, the Learned Judge confirmed the conviction of the accused but modified the sentence of imprisonment, till the rising of the Court and imposed a fine of Rs. ten thousand in default to undergo imprisonment for three years. The accused through criminal revision No. 2152 challenged the order of conviction and sentence thus imposed on him on the allegation that the Learned Courts below failed to consider various infirmities in the prosecution evidence, which falsify the prosecution case and that the judgments of the Learned Courts below were based on conjectures and surmises, and not warranted by the evidence on record and that the ingredients of the offence raised being not established, such conviction was not sustainable in law. The wife informant on the other hand through CRR No. 3130 prayed for enhancement of the sentence passed by the Additional Sessions Judge 3rd Court, Alipore by setting aside the sentence imposed by the Learned Judge on the ground that in the facts and circumstances of the case and also on evidence on record, the Learned Judge should have passed a substantive sentence of imprisonment as prescribed by the law.
(3.) Since through the present revision petitions judgment passed by the Learned Additional Sessions Judge has been challenged, both the revision petitions have been taken up for hearing together and this order will dispose of both the revision petitions.;