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2004 Supreme(Gau) 283

P.G.AGARWAL
Arunava Bhowmik – Appellant
Versus
State of Assam – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: J.M. Choudhury, S.E. Alam, P. Kataki and B.M. Choudhury, Advs.
For Respondents/Defendant: Public Prosecutor, Assam

JUDGMENT

P.G. Agarwal, J.

1. Heard Mr. J.M. Choudhury, learned senior Advocate assisted by Mr. P. Kataki, learned Counsel for the Petitioner and Mr. F.H. Laskar, learned Public Prosecutor for the Respondent.

2. This revision is directed against the judgment and order dated 19-02-96 passed by the learned Sessions Judge, Sonitpur, Tezpur in Criminal Appeal No. 16(S-3)/95 whereby the appeal was dismissed.

3. In GR Case No. 1427/92 the Petitioner Sri Arunava Bhowmik was tried along with two others for commission of the offence under Section 498(A) IPC and on conclusion of the trial, the learned trial court acquitted the other co-accused and convicted the accused Petitioner under the above section of law and sentenced to rigorous imprisonment for one year. Feeling aggrieved, the Petitioner preferred Criminal Appeal No. 16(S-3)/95 before the Sessions Judge, Sonitpur, Tezpur and vide impugned order dated 19-02-96 affirmed the order of conviction but reduced the sentence to imprisonment for six months. Hence the present revision.

4. In the present case there is no dispute at the Bar that the Petitioner had married Smt. Sarbani Bhowmik and thereafter lived as husband and wife. The prosecution al







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