Conviction under Section 498A IPC requires specific evidence of cruelty, which was not substantiated in this case.

1. By means of filing this criminal revision petition, the petitioner has challenged the impugned judgment dated 07.01.2019 delivered in Criminal Appeal No. 04 of 2018 by the Sessions Judge, Khowai Judicial District, Khowai affirming the judgment and order of conviction and sentence dated 13.04.2018 passed by the Judicial Magistrate First Class, Khowai in case No. PRC (WP) 58 of 2016 whereby the learned trial court convicted the petitioner for having committed offence punishable under S.498A IPC and sentenced him to SI for 3 (three) months.

2. The factual background of the case is as under:
Smt. Soma Paul (Dhar), wife of Laxminder Dhar of East Ganki, Khowai lodged a written FIR with the officer in charge of Khowai police station on 13.11.2015 alleging, inter alia, that she was married to the accused about 8 years back and after their marriage, a daughter was born to them. Her accused husband and mother in law used to commit physical torture on her regularly in her matrimonial home. Despite their torture, she lived in her matrimonial home and maintained her daughter by doing the job of domestic helper. Her torturous husband contracted four more marriages since his marriage with her. According to her, she lodged the FIR against her husband because his torture crossed the limit of her tolerance.

3. Based on the said FIR, Khowai P.S case No. 108 of 2015 under S.498 - A and 494 IPC was registered and the case was endorsed to SI Binod Bihari Debbarma for investigation.

4. In the course of his investigation, the investigating officer visited the crime scene. He had drawn up hand sketch map with separate index. He also met the material witnesses of the case including the complainant and recorded their police statements under S.161 Cr.P.C. Sufficient materials supporting the charge of S.498 - A IPC having been collected, the investigating officer submitted Challan No. 16 of 2016 dated 29.02.2016 against the petitioner on the charges of S.498 - A and 494 .

5. Sub Divisional Judicial Magistrate, Khowai received the charge sheet on 07.05.2016 and based on the police papers, the learned Sub Divisional Judicial Magistrate had taken cognizance of offence punishable under S.498 - A and 494 IPC vide his order dated 07.05.2016 and summoned the accused husband and mother in law of the informant [PW - 1] to appear and face the trial. After they appeared in court, the trial commenced with the framing of charges against them. Charges of offence punishable under S.498 - A and 494 were framed against the accused husband of the informant and separate charge of offence punishable under S.498A was framed against her accused mother in law.

6. The charge framed against the accused mother in law is as under:
"That you the above named accused person being the mother in law of Soma Paul, who is married for last 8 years to your son according to social rites and rituals subjected the said Soma Paul at Tanti Para, Purba Ganki P.S, Khowai by torturing her both physical and mental, on several occasions after her marriage to your son and that you thereby committed an offence punishable U/S. 498 - A of I.P.C, and within the cognizance of this court. AND I do hereby direct that you be tried on the said charge."

7. The charges framed against the accused husband is as under:
"Firstly, that you the above named accused person being the husband of Soma Paul, to whom you were married for last 8 years according to social rites and rituals subjected the said Soma Paul at Tanti Para, Purba Ganaki P.S, Khowai by having extra marital affairs, by bringing three other different women with whom you resided as husband an