IN THE COURT OF THE SDJM(S)-I, KAMRUP (METRO),

GUW AHATI, ASSAM.

G.R.Case No. 215112014

D/s. 498-A I.P.C.STATE

v.Jayanfil Kalita

•.. Accused.

PRESENT: A.Khanal, AJ.S.

SDJM(S)-I, Kamrup (Metro),

Guwhati.

For the Prosecution: Learned Addl.P.P.

For the Defence: Mrs. A.Kalita, Advocate.

Evidence recorded on: 17.09.2014.

Argument heard on: 17.09.2014.

Judgment delivered on: 17.09.2014.

JUDGMENT

1. The instant criminal case is set in motion through a written 'ejahar' lodged by

one Ranu Kalita on 04.03.2014 before the Officer-in-charge, Fatasil Ambari P.S.

alleging that her husband (the accused) used to torture her both mentally and

physically demanding money after their marriage instead of both getting married

eloping with each other. It was further alleged that the accused deserted her and fled

l4tt eaving behind her on 04.02.2014 and got married to another woman.

the said 'ejahar' was received and registered as Fawil Ambari P.S. Case

014 Vis. 498-A/420 I.P.C. That on basis of the 'ejahar' police started

inv , ation and after completion of investigation the police found sufficient,. ,-;... .~ . trlaterials and submitted charge-sheet against the accused Vis. 498-A/420 I.P.C. vide

Charge-Sheet No. 45/2014 dated 20.03.2014.

Rather, after submission of th~ charge-sheet the accused was allowed to go on bail to

face the trial.~~ ,

\C\a\t-'a~is\ra~J,.8"8\\ .sUb-O\'Iisior~.\~)O\s\{\~. That copy was furnished to the accused and on hearing both sides on the point

~8",(\lP of charge and perusing the case record and fmding prima-facie materials Vis. 498-A

I.P.C. a formal charge was framed and the charge is then read over and explained to

3. That on submission of the charge-sheet it was accepted and cognizance was

taken Vis. 498-A/420 I.P.C. Now since the accused was in custody at the time of

submission of charge-sheet hence no process were issued to procure his attendance.

the accused and he is asked as to whether he pleads guilty, to which he pleaded not

guilty and claimed to be tried.

5. That in the course of hearing the prosecution examined only the

informant/victim, Ranu Kalita as P.W.I. The prosecution side also marked and

exhibited the 'ejahar' as Ext-I. Now since there is no incriminating material in the

prosecution evidence against the accused hence the examination of the accused Vis.

313 Cr.P.C. is dispensed with. Moreover, the defence side declined to adduse

evidence.

6. Points for determination:-

Whether the accused being the husband of the informant/victim, Ranu

Kalita meted cruelty upon her both mental and physical demanding money

and inorder to coerce her to meet his unlawful demand fled _away on

04.02.2014 by deserting her and thereby committed offence punishable Vis.

498-A I.P.C.?

7. Discussion,Decisionand Reasons thereof:-

Heard arguments of both sides. Perused the Case Record. My findings

are as follows:-

The sole witness examined by the prosecution is the informant/victim

of the alleged occurrence. Now the said witness as P.W.l in her evidence did

not made any incriminating statement against the accused but rather deposed

that merely out of marital dispute she out of misunderstanding lodged the

'ejahar' against the accused. Now such a conduct on the part of the said

witness not supporting her own case being the vital witness of the

prosecution is very much obvious as because from her evidence it is further

found that she has entered into a mutual settlement with the accused (her

husband) outside the Court. But the fact remains that the prosecution could

not adduce any iota of evidence to connect the accused in any manner with

the alleged crime.

Hence considering the above discussions the accused is found not

guilty of the alleged crime and he is accordingly acquitted.

ed by me on this open Court, this 17th day of September, 2014

under my hand and seal of this Court. \ .ASD~~

Kamrup(Metro ),

Guwahati. . ~l glstrate-{S)N~. \ JudiclI\ ",8. GuwahS\O

SUb·Oil/iSIO~~ \fO) O\ltf\Cl,Ka(1'lfUP {wle

IN THE ~OURT OF THE SDJM(S)-I, KAMRVP (METRO),,GUWAHATI. ASSAM.

G.R.Case No. 215112014

VIs. 498-A I.P.C.

STATE

v.Jayanta Kalita

•••Accused •

.~ .'~~ W.I- Ranu Kalita (InformantIVictim).,,' ;

2. DEFl CE WITNESSES:L.

3. EXHIBITS