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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