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2024 Supreme(Cal) 918

PARTHA SARATHI SEN
Hajira Bibi – Appellant
Versus
Dulal Sarkar – Respondent


Advocates:
Advocate Appeared:
For the appellant : Ms. Monami Mukherjee, Adv.
For the State : Mr. Suman De, Adv., : Mr. Karan Bapuli, Adv.
For the Respondent: Mr. Dipanjan Chatterjee, Adv., Mrs. Sonali Das, Adv., Miss. Kakan Das. Adv, Miss. Rimpa Adhikari, Adv.

JUDGMENT :

PARTHA SARATHI SEN, J.

1. In this appeal as filed under Section 378(3) of the Code of Criminal Procedure the judgment and order of acquittal dated 29.04.1999 as passed by learned Chief Judicial Magistrate, Malda has been assailed by the complainant.

2. By the impugned judgment the accused/respondent no.1 herein is found not guilty under Section 498A IPC and he is thus acquitted under Section 248 (1) CrPC in case no.1238(c) of 1996.

3. The complainant felt aggrieved and thus filed the instant appeal after taking leave of the High Court.

4. For effective adjudication of the instant appeal the facts leading to initiation of complaint case no.1238(c) of 1996 is required to be dealt with in a nut shell. The complainant who is the appellant before this Court filed a complaint against the respondent no.1 herein as well as against one Yasin Ali, one Mohasin Ali and one Moslim Ali stating that respondent no.1 herein in is her husband while the other accused persons are her in-laws. She complained that immediately after her marriage all the accused persons used to inflict torture upon her on account of demand of Rs.1,00,000/-. She stated in her complaint that on 14.11.1996 at about 8 p

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