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2017 Supreme(Gau) 936

MIR ALFAZ ALI
LILI HAZARIKA W/O SUNAD HAZARIKA – Appellant
Versus
STATE OF ASSAM – Respondent


Advocates Appeared:
For the Petitioner: Mr. PJ Saikia.
For the Respondent: Mr. PS Laskar.

JUDGMENT & ORDER :

1. Heard Mr. PJ Saikia, learned counsel for the petitioner and Mr. PS Laskar, learned Addl. PP, Assam.

2. This revision is directed against the judgment and order dated 26-09-2006, passed by the learned SDJM (M), Dhakuakhana convicting the revision petitioner under Section 498(A)/34 IPC and sentencing to imprisonment for 1 (one) year and fine of Rs.1,000/- with default stipulation.

3. Prosecution case as unfolded during trial is that, informant Junali Hazarika was residing with her in-laws and in absence of her husband, accused Sunad Hazarika and Lily Hazarika being her mother-in-law and father-in-law, subjected her to physical and mental torture and on 01.02.2006 at about 9’o clock, both of them assaulted her and forced her to leave the matrimonial home. An FIR was lodged by said Junali Hazarika, Pw-1, on the basis of which, police registered a case under Section 498 A IPC. On conclusion of investigation, police submitted charge-sheet against Sunad Hazarika and Lily Hazarika under Section 498 A IPC.

4. In course of trial, prosecution examined 10 witnesses. The learned magistrate on appreciation of evidence convicted both the accused persons under Section 498 A IPC.














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