P.K. Musahary, J.

1. The prosecution case leading to filing of this petition is that a complaint was filed by Smti Gitanjali Mahanta alleging that her husband, the present petitioner, after their marriage solemnised on 4.2.2003, started demanding dowry subjecting her to mental and physical torture. On 25.6.2007, the petitioner being instigated by his sister (co-accused), confining her inside the room, assaulted causing injury on her head and other parts of her body. The police registered the Jalukbari P.S. Case No. 304/07 under Sections 498A/ 323/ 307 IPC and after completion of investigation submitted charge-sheet under Section 498A/ 323/ 34 IPC and the learned trial court framed charge under the aforesaid sections of law against the petitioner and his sister Smti Purnima Kumari. The accused persons denied the charge and faced the trial. The prosecution examined 8 witnesses including the I.O. and the M.O. The defence examined no witness and the learned trial court on the basis of evidence on record held that the prosecution has failed to prove the charge under Section 498A IPC against the accused persons and acquitted them of the charge under Section 498A IPC. However, the