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2019 Supreme(Gau) 241

HITESH KUMAR SARMA
Md. Guljar Hussain – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Appellant :Mr. K. Sarma, Advocate.
For the Respondent: Mr. R.J. Baruah, Additional Public Prosecutor.

JUDGMENT :

1. This criminal revision petition is filed under Sections 397/401 read with Section 482 Cr.PC, challenging the legality, propriety and correctness of the judgment and order, dated 31.3.2009, passed by the learned Additional Sessions Judge (FTC), Sonitpur, Tezpur, in Criminal Appeal No. 2(B-3)/2008, affirming the order of conviction passed by the learned Chief Judicial Magistrate, Sonitpur, vide judgment dated 20.1.2008, passed in GR Case No. 202/2005 and sentencing him to undergo simple imprisonment for 1 year and to pay a fine of Rs. 1,000/- with a default clause.

2. I have perused the record of the learned trial court including the evidence of the witnesses as well as both the impugned judgments of the learned courts below.

3. I have also heard Mr. K. Sarma, learned counsel for the revision petitioner as well as Mr. R.J. Baruah, learned Additional Public Prosecutor for the state respondent.

4. The fact of the case is that, on the basis of an FIR lodged by PW1, Mofida Begum, who is the wife of the revision petitioner, alleging, inter-alia, that after about 6 months of her marriage with the revision petitioner, she was subjected to torture by the revision petitioner and his

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