A legal marriage is a prerequisite for a conviction under Section 498A IPC, and absence of marriage negates charges of cruelty and dowry demand.

JUDGMENT :

Mitali Thakuria, J.

Heard Mr. P. K. Munir, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent.

2. This application, filed under Sections 397 , read with Sections 401 and 482 of the Cr.P.C, seeks to set aside the Judgment and Order dated 20.12.2012 passed by the learned Sessions Judge, Dhemaji, in Criminal Case No. 36(4)/2012. The order upheld and modified the Judgment dated 29.09.2012 passed by the learned Additional Chief Judicial Magistrate, Dhemaji [in short ‘Addl. CJM], in G.R. Case No. 541/2012. The petitioner was originally convicted under Section 498A IPC and sentenced to 3 years’ simple imprisonment [S.I] and a fine of Rs.10,000/-, in default of which he was to serve another 6 (six) months’ S.I. The Sessions Judge modified the sentence to 6 months’ S.I. and a fine of Rs.2,000/-, with a default sentence of 1 month’s S.I.

3. The prosecution case, in brief, is that the complainant, Smti Rini Hazarika, lodged an FIR on 04.07.2012 before the Officer-in-Charge, Sissiborgaon Police Outpost, under Silapathar Police Station, alleging, inter alia, that the accused/petitioner, who is her husband started subjecting her to both physical and mental cruelty demanding dowry, just one month after their marriage. She further alleged that on 03.07.2012, the accused/petitioner drove her out of her matrimonial home, causing physical injuries on her person. Having no alternative, she sought shelter at her parental home. It was further alleged that on the same day, the accused visited the residence of his in-laws and attempted to set fire to their house. Additionally, he allegedly threatened the complainant with dire consequences.

4. Upon receipt of the FIR, the In-Charge of the Sissiborgaon Police Outpost made a General Diary Entry, G.D.E. No. 59 dated 04.07.2012, and entrusted an Assistant Sub-Inspector of Police with the investigation. The FIR was forwarded to the Officer-in-Charge of Silapathar Police Station, upon which a case was registered as Silapathar P.S. Case No. 228/2012 under Sections 498A/436 of IPC on 04.07.2012. After the completion of the investigation, the IO submitted a charge sheet against the accused/petitioner under Sections 498A/436 of the IPC. Upon submission of the charge sheet, the accused/petitioner appeared before the Court of the ld. Addl. CJM, pursuant to summons. As one of the offences (Section 436 IPC) was triable exclusively by the Court of Sessions, the case was committed to the Court of the learned Sessions Judge, Dhemaji. However, upon consideration of the charges and perusal of the case record, the case was transferred to the Court of the ld. Addl. CJM, under Section 228(1) of the Cr.P.C., after framing a charge solely under Section 498A of IPC against the accused/petitioner. Accordingly, the learned Trial Court framed the charge under Section 498A IPC.

5. During the trial, the prosecution examined five (5) witnesses, including the victim and the IO. The defence did not examine any witnesses and took the plea of denial. After hearing the arguments from both sides, the learned ld. Addl. CJM, by Judgment and Order dated 29.09.2012, convicted the petitioner under Section 498A IPC and sentenced him to undergo S.I. for 3 (three) years and to pay a fine of Rs. 10,000/- (Rupees ten thousand), and in default of payment of the fine, to undergo S.I. for a further period of 6 (six) months. Aggrieved and dissatisfied by the said Judgment and Order dated 29.09.2012, the petitioner preferred an appeal, being Criminal