Judgment :

Dr. B.S. Chauhan, J.

1. This Appeal has been preferred against the Judgment and Order dated 21st December, 2001 of the High Court of Gauhati in Criminal Revision (P) No. 578 of 2000 by which the High Court concurred with the finding of facts, recorded by the Trial Court dated 22.12.1999 passed by the Addl. Chief Judicial Magistrate, Kamrup, Guwahati in Case No. G.R.1957/1997; and of the Appellate Court, the Sessions Judge, Kamrup dated 13.10.2000 passed in Criminal Appeal No.3 of 2000 that the appellant was guilty of committing the offences under Sections 494 and 498A of the Indian Penal Code (in short "I.P.C") and sentenced him to undergo rigorous imprisonment for 2 years u/S 498A and for 3 years u/S 494 I.P.C. However, both the sentences were directed to run concurrently.

2. The facts and circumstances giving rise to this appeal are that the appellant, a Government servant, got married with Smt. Minati Das (Kalita), the complainant on 5.2.1992 as per Hindu rites. Smt. Minati Das (Kalita) gave birth to a male child on 10.3.1993. However, the relationship between the husband and wife were not cordial as it was alleged by the wife that she was being tortured mentally and p