JUDGMENT

Banerjee, J.-Maintainability of a charge under Section 498 (A) of the Code by reason of an order of acquittal under Section 306 of the Code, is the core question to be decided in the appeal against the judgment of the High Court at Bombay.

2. Before, however, adverting to the factual score, it is to be noticed at this juncture that Section 498(A) has been engrafted on to the statute book by way of a separate Chapter in terms of the Provisions of Criminal Law (Second Amendment) Act, 1983 (Act 46 of 1983). The above amendment stands incorporated by reason of present trend in the society and to meet the requirement of the society, the legislature thought it fit to incorporate a new Chapter being Chapter XXA in the statute book consisting of Section 498(A) in the Indian Penal Code. For convenience sake, Section 498 (A) is set out herein below:-

"498(A). Husband or relative of husband of a woman subjecting her to cruelty-Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation - For the purpose of this section,