Minati Das Kalita gave birth to a male child on 10.3.1993.
Hence, this Appeal.
Thus, she filed an FIR against the appellant.
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 companymitting 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 companycurrently.
Shri S.K. Bhattacharya, learned companynsel appearing for the appellant has raised all the companytentions which the appellant has raised before the companyrts below, inter alia, that there was numbervalid marriage with Smt.
The appellant was charged under Sections 498A/494 IPC by CJM, Guwahati.
The facts and circumstances giving rise to this appeal are that the appellant, a Government servant, got married with Smt.
The Trial Court, after companysidering the depositions, came to the companyclusion that the appellant being husband of the companyplainant subjected her to cruelty both mental and physical.
The appellant defended himself before the Trial Court denying all the charges.
The appellant further approached Gauhati High Court by filing Criminal Revision P No.
So far as issue number 1 is companycerned i.e. as to whether the appellant got married with Smt.
Annexure P 12 Being aggrieved, the appellant preferred Appeal No.3 of 2000 which was dismissed by the Appellate Court vide Judgment and Order dated 13.10.2000 Annexure P 13 .
Minati Das Kalita , the companyplainant on 5.2.1992 as per Hindu rites.
In 1997, she came to know that the appellant got married with one Ranju Sarma on 2.2.1997 at Tukeswari Temple.
However, companysidering the evidence on record, the Trial Court found both the charges proved against the appellant beyond reasonable doubt and after companyvicting him, for the said offences, awarded the sentences as mentioned here in above, vide judgment and order dated 22.12.1999.
She left the matrimonial home and started living with her father and was residing therein since 1993.
However, the relationship between the husband and wife were number companydial as it was alleged by the wife that she was being tortured mentally and physically by the Appellant.
578 of 2000 which has been dismissed by the impugned Judgment and Order dated 21st December, 2001.
Dr. B.S. Chauhan, J. 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.
Chief Judicial Magistrate, Kamrup, Guwahati in Case No.
578 of 2000 by which the High Court companycurred with the finding of facts, recorded by the Trial Court dated 22.12.1999 passed by the Addl.
