JUGAL KISHORE PRUSTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner in this revision challenges thejudgment dated 20 -4 -1988 passed in Criminal Appeal No. 12 of 1987 wherein the learned Sessions Judge, Keonjhar has dismissed the appeal and confirmedthe order of conviction and sentence passed by the Trial Court against him.The petitioner was convicted under Section 4 of the Dowry Prohibition Act,1961 and sentenced to undergo imprisonment till rising of the Court and to paya fine of Rs. 5,000/ - in default to undergo simple imprisonment for 6 months.

(2.) THE petitioner is a Bank Officer and his marriage was fixed withone Sukanti, but the marriage could not be gone through due to the allegeddemand of a motor cycle by the petitioner. The father of Sukanti lodged anF.I.R. on 21 -4 -1984 against the petitioner. Sanction had been given by thePistrict Magistrate, Keonjhar by his order dated 10 -6 -1984 after which U.I. Case No. 371 of 1984 (Trial Case No. 843 of 1984) was initiated against thepetitioner under Section 4 of the Dowry Prohibition Act in the Court of theChief Judicial Magistrate, Keonjhar on the 'basis of the prosecution report submitted by the officer -in -charge, Patna P.S. By the order dated 17 -4 -1987, thetrial Court convicted the petitioner and sentenced him to undergo imprcionmenttill rising of the Court and to pay fine of Rs. 5,000/ -, in default, to undegosimple imprisonment for 6 months as stated earlier. The said judgment of theTrial Court was confirmed by the Sessions Judge, Keonjhar by hisorder dated 20 -4 -1988 passed in Criminal Appeal No. 12 of 1987. Thepayment of fine of Rs. 5,000/ -, however, had been stayed by the AppellateCourt and later by this Court by its order dated 13 -5 -1988 in Misc. Case No.445 of 1988.

(3.) SECTION 4 of the Dowry 'Prohibition Act reads as follows :