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-alia, that she was subjected to cruelty by the petitioners, on demand for dowry. Based on the said FIR, Kharupetia G. D. Entry No. 771, dated 29.08.2006, was made and on being forwarded registered as Dalgaon P.S. Case No.296/2006. The case was investigated and finally charge-sheet was submitted, on 30.10.2006, vide Dalgaon P.S. Charge-Sheet No. 181/2006 under S