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HIGH COURT OF GAUHATI
AJIT BORTHAKUR, J
MD AMJAT ALI and ORS – Appellant
Versus
THE STATE OF ASSAM – Respondent
| Table of Content |
|---|
| 1. overview of convictions and initial fir. (Para 1 , 2 , 3) |
| 2. arguments presented by both parties regarding evidence. (Para 4 , 5 , 6) |
| 3. court's examination of evidence supporting cruelty. (Para 7 , 8 , 9) |
| 4. conclusion on evidence leading to acquittal of one petitioner. (Para 10) |
| 5. final decisions on the convictions and sentences. (Para 11 , 12) |
JUDGMENT
Date : 15-05-2018
This Criminal Revision petition under Sections 397 /401 Cr.P.C. Is preferred against the judgment and order, dated 29.11.2008, passed by the learned Sessions Judge, Darrang at Mangaldai, Assam in Criminal Appeal No. 3 (D- 1) of 2008, whereby the judgment and order, dated 29.12.2007, passed by the learned Judicial Magistrate, 1st Class at Udalgiri in G. R. Case No. 422/2006, convicted the accused petitioners under Section 498A /34 IPC and sentenced to suffer simple imprisonment for six months and to pay fine of Rs.1000/- each, in default of fine to undergo simple imprisonment for one month, has been upheld.
2. The petitioners’ case, in a nutshell, is that one Banecha Khatoon, the wife of the petitioner No. 2 lodged an FIR, on 28.08.2006, with the in-charge of Kharupetia Police Out Post alleging, inter-
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