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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PARTHIVJYOTI SAIKIA
Lakshi Kanta Das S/o Lt. Haliram Das – Appellant
Versus
Baroda Das – Respondent
| Table of Content |
|---|
| 1. sequence of events leading to the petitioner’s conviction (Para 2 , 3 , 4 , 5) |
| 2. summary of the counsel's arguments (Para 6) |
| 3. revisional jurisdiction under section 397 crpc (Para 7) |
| 4. conclusion on revision petition merits (Para 8) |
JUDGMENT :
Heard Mr. D. Gogoi, learned Amicus Curiae appearing for the petitioner. Also heard Mr. B. Sarma, the learned Addl. Public Prosecutor, Assam (Respondent No.2) as well as Mr. D. Talukdar, the learned counsel representing the Respondent No.1.
2. This is an application under Section 397 and 401 of the CRIMINAL PROCEDURE CODE (CrPC) challenging the judgment and order dated 16.05.2011 passed by the learned st C Judicial Magistrate 1 Class, Rangia (Kamrup), in Case No.151 /2007 affirmed by the learned Addl. Sessions Judge (FTC), Rangia, Kamrup in Criminal Appeal No.37/2011.
3. The petitioner had married the respondent on 14.02.1996. The couple blessed with a son. For want of dowry, the respondent was physically harassed by the petitioner. Therefore, she had lodged an FIR before police. The G.R. Case No.229/2004 came into existence accordingly. The learned Sub-Divisional Judicial Magistrate, Rangia convicted the petitioner under Sectio
The revisional court cannot reassess evidence but must ensure no gross or jurisdictional errors have occurred in lower court proceedings.
The trial court's failure to consider sentencing alternatives under statutory provisions necessitates reasoning, affecting the validity of the conviction and sentence.
The main legal point established in the judgment is that the accused applicants are entitled to be heard in a criminal revision petition as per the requirement of Section 401(2) of the Code.
The court upheld the framing of charges under IPC Sections 304B and 498A, emphasizing the necessity of establishing essential ingredients for dowry death and the standard of suspicion at the charge f....
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