SHASHIKANT MOWAR ALIAS BIDUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) D . P. S. Choudhary, J. - This criminal revision application is directed against the judgment and order dated 7.12.1996 passed by 5th Additional Sessions Judge, Purnea confirming the judgment and order dated 22.11.1993 passed by Sub -Divisional Judicial Magistrate, Araria in G. R. Case No. 732/1990 (Trial No. 916/1990) convicting all the petitioners under sections 403, 498 A of the Indian Penal Code and section 4 of the Dowry Prohibition Act and sentenced each of them to undergo R.l. for one year under each count under sections 403 and 498A of the Indian Penal Code and 9 months under section 4 of the Dowry Prohibition Act. They have been further directed to pay a fine of Rs. 500/ - each and in default of payment of fine two months S. I. sentences were directed to run concurrently.

(2.) THE prosecution case in brief, is that, daughter of Ramanand Choudhary, namely, Poonam Kumari was married to petitioner no. 1, Shashikant Mowar on 30.6.1982. In the year 1987, when the Duragman of Poonam Kumari took place and she went to her Sasural victim lady's father represented some articles, cash etc., at the time of Duragman to petitioner no. 1. It is further alleged that thereafter all the petitioners started torturing Poonam Kumari for demand of dowry and also threatening for second marriage of her husband if the demand of dowry is not fulfilled. It is further case of the prosecution is that when Poonam Kumari was sent back to her parent on 22.8.1987, and petitioners refused to bring back her till the demand of dowry is not fulfilled. Since petitioners failed to bring back Poonam Kumari to her Sasural and also refused to return back her ornaments etc., and petitioner no. 1 threatened of second marriage as such her father lodged an F.I.R. against the petitioners and after investigating, charge sheet was submitted and after cognizance trial proceeded in the court below. The petitioner no. 1 was also charged under section 494 of the Indian Penal Code and petitioner nos. 2 to 5 under sections 109/494 of the Indian Penal Code but three accused acquitted under these charges. Three accused petitioners namely, Rama Nand Thakur, Ravi Pandey and Naresh Pandey have also charged under sections 494/109 of the Indian Penal Code but were found not guilty and acquitted.

(3.) IN support of its (sic -case ?) prosecution examined 8 witnesses including P.W. 1 Ramanand Choudhary, P.W. 2 Ganesh Thakur, P.W. 3, Maheshwar Thakur, P.W. 4, Dineshwar Thakur, P.W. 5, Pushpalata Choudhary, P.W. 6 victim girl Poonam Kumari, P.W. 7 Ram Pravesh Singh and Lamboddar Choudhary P.W. 8.