GAHC010186322014 2025:GAU-AS:14382

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.Rev.P./361/2014

HEMANTA SINGHA

S/O LT. A LALA SINGHA VILL- SINGERBOND PART-V, MUTUMLEIKAI P.S.

LAKHIPUR, DIST. CACHAR, ASSAM.

VERSUS

THE STATE OF ASSAM and ANR

2:SMTI RINA DEVI

W/O HEMANTA SINGHA D/O KRISHNA SINGHA VILL and P.O.

SINGERBOND P.S. LAKHIPUR

DIST. CACHAR

ASSAM

Advocate for the Petitioner : MR.T SK, MR.I ALAM

Advocate for the Respondent : MR.S R BARBHUIYA, MR.N HAQUE,MRK UDDIN,MR.A U

AHMED,MR.A B T HAQUE,MR.A K AZAD,PP, ASSAM,DR.B AHMED

BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 22.10.2025 Heard Mr. I. Alam, learned counsel for the petitioner. Also heard Ms. S. H. Bora, learned Additional Public Prosecutor, appearing for the State Respondents.

2. The present Criminal Revision Petition has been instituted assailing the Judgment dated 30.06.2014, passed by the learned Sessions Judge, Cachar, Silchar, dismissing the Criminal Appeal No.4/2013, instituted by the petitioner, herein, thereby affirming Judgment dated st

26.12.2012, passed by learned Judicial Magistrate 1 Class, Silchar, Cachar, in C.R Case No.1904/2005, convicting the petitioner, herein, under Section 406 IPC, and sentencing him to undergo Rigorous Imprisonment for 6(six) months, along with payment of fine amount of Rs.50,000/-(Rupees fifty thousand)only, as compensation under Section 357(3) CrPC, in default to undergo Simple Imprisonment for 3(three) months.

3. The respondent, herein, had filed a complaint and therein, had stated that her marriage with the petitioner, herein, was solemnized in the month of April, 1985.

It was further stated that after solemnization of their marriage, the petitioner and the respondent started living as husband and wife. It was further alleged that the petitioner, herein, during the first part of 1997 had brought the respondent, herein, to her father’s house for treatment and thereafter had left her, therein, with assurance that he would take her back after few days. It was alleged in the complaint that the petitioner, herein, never came to take the respondent back to her matrimonial house. It was further alleged that the petitioner during the subsistence of his marriage with the respondent, married another woman namely, Nangbi Devi, and was co-habiting with her as husband and wife. It was further stated in the complaint that the respondent, herein, had sent some of her relatives for bringing her essential articles and clothing, however, it was alleged that the petitioner, herein, and his family members declined to gave anything to them. It was further alleged in the complaint that the ‘stridhan’ articles brought to her matrimonial home by the respondent, herein, were being utilized by the family members of the accused.

On receiving the complaint and on a due enquiry being made under Section 200 CrPC and under Section 202 CrPC, cognizance was taken under Section 406 IPC against the petitioner, herein, by the learned Trial Court.

On conclusion of the Trial, the learned Trial Court, vide Judgment dated 26.12.2012, proceeded to convict the petitioner, herein, under Section 406 IPC. On his such conviction the learned Trial Court sentenced the petitioner, herein, to undergo Rigorous Imprisonment for 6(six) months for offence punishable under Section 406 IPC. It was further ordered that the accused would pay an amount of Rs.50,000/-(Rupees fifty thousand) to the complainant as compensation under Section 357(3) CrPC, in default, he would undergo Simple Imprisonment for further 3(three) months.

The petitioner, herein, being aggrieved by his conviction under Section 406 IPC, and also with the direction to pay compensation to the respondent, herein, assailed the same by preferring an appeal being Criminal Appeal No.4/2013, before the Court of the learned Sessions Judge, Silchar, Cachar.

The Appellate Court vide Judgment dated

30.06.2014, was pleased to dismiss the said appeal, affirming the conviction of