IMPORTANT POINT
Concurrent findings of courts below should not ordinarily be interfered with.
There should be continuous mental or physical torture for invoking section 498A, IPC.

Judgment :

Dr. B.S. Chauhan, J.

1. This Appeal has been preferred against the Judgment and Order dated 21st December, 2001 of the High Court of Gauhati in Criminal Revision (P) No. 578 of 2000 by which the High Court concurred with the finding of facts, recorded by the Trial Court dated 22.12.1999 passed by the Addl. Chief Judicial Magistrate, Kamrup, Guwahati in Case No. G.R.1957/1997; and of the Appellate Court, the Sessions Judge, Kamrup dated 13.10.2000 passed in Criminal Appeal No.3 of 2000 that the appellant was guilty of committing the offences under Sections 494 and 498A of the Indian Penal Code (in short "I.P.C") and sentenced him to undergo rigorous imprisonment for 2 years u/S 498A and for 3 years u/S 494 I.P.C. However, both the sentences were directed to run concurrently.

2. The facts and circumstances giving rise to this appeal are that the appellant, a Government servant, got married with Smt. Minati Das (Kalita), the complainant on 5.2.1992 as per Hindu rites. Smt. Minati Das (Kalita) gave birth to a male child on 10.3.1993. However, the relationship between the husband and wife were not cordial as it was alleged by the wife that she was being tortured mentally and physically by the Appellant. She left the matrimonial home and started living with her father and was residing therein since 1993. In 1997, she came to know that the appellant got married with one Ranju Sarma on 2.2.1997 at Tukeswari Temple. Thus, she filed an FIR against the appellant.

3. The appellant was charged under Sections 498A/494 IPC by CJM, Guwahati. The appellant defended himself before the Trial Court denying all the charges. However, considering the evidence on record, the Trial Court found both the charges proved against the appellant beyond reasonable doubt and after convicting him, for the said offences, awarded the sentences as mentioned here-in-above, vide judgment and order dated 22.12.1999. (Annexure P-12).

4. Being aggrieved, the appellant preferred Appeal No.3 of 2000 which was dismissed by the Appellate Court vide Judgment and Order dated 13.10.2000 (Annexure P-13).

5. The appellant further approached Gauhati High Court by filing Criminal Revision (P) No. 578 of 2000 which has been dismissed by the impugned Judgment and Order dated 21st December, 2001. Hence, this Appeal.

6. Shri S.K. Bhattacharya, learned counsel appearing for the appellant has raised all the contentions which the appellant has raised before the courts below, inter alia, that there was no valid marriage with Smt. Ranju Sarma as the marriage had taken place before a Hindu Deity and that there was no case of mental or physical torture to bring home the charges under Section 498A IPC. Thus, the appeal deserved to be allowed.

7. On the contrary, Mr. Riku Sharma, learned counsel appearing on behalf of the respondent State submitted that there are concurrent finding of facts by three courts below so far as the issue of marriage of the appellant with Smt. Ranju Sarma is concerned. This Court should not interfere with the findings so recorded, being the fourth court entertaining this matter. So far as the attraction of the provisions of Section 498 A is concerned, it was submitted that the appellant subjected the complainant (legally wedded wife) to physical and mental torture and agony; thus the charges have rightly been found proved against him by all the three courts. Therefore, there is no occasion for this Court to interfere in the matter. The appeal is liable to be dismissed.

8. We have considered the rival submissions made by learned counsel for the parties and perused the record.

9. So far as issue no. 1 is concerned i.e. as to whether the appellant got married with Smt. Ranju Sarma, is a pure question of fact. All the three courts below have given concurrent finding regarding the factum of marriage and its validity. It has been held to be a valid marriage.

10. It is settled legal proposition that if the courts below have recorded the finding of fact, the quest