SOGARATH PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision application is directed against the judgment and order dated 26.11.1998 passed by the 3rd Additional Sessions Judge, East Champaran, Motihari in Cri. Appeal No. 122/2 of 1993/1996 whereby and whereunder he dismissed the appeal preferred by the petitioner after setting aside the sentence of fine. The substantive sentence of six months R.l. as awarded by the trial court under section 3/4 of the Dowry Prohibition Act was however, affirmed.

(2.) THE relevant facts, concerning this revision are that Yashoda Devi daughter of Banti Pandit was married to the petitioner, namely Sogarath Pandit six to seven years before the filing of the first information report and after marriage Yashoda Devi went to her Sasural and lived peacefully for some time. It is alleged that the petitioner demanded she buffalo when he had gone there to take back his wife from her house and the buffalo was given and Yashoda Devi went to her Sasural. It is alleged that the petitioner used to torture Yashoda Devi and drove her from the house and thereafter she came back to her parents house and complained about the ill -treatment meted out to her at the hands of the petitioner. Thereafter, the informant went to ask the son -in -law regarding the maltreatment meted out to his daughter on which the petitioner demanded a cycle. On the basis of the report of the informant a case under section 3/4 of the Dowry Prohibition Act was instituted against the petitioner and charge sheet was also submitted by the police under those counts and the petitioner was put on trial. The learned Magistrate found the petitioner guilty of offences and convicted him under section 3/4 of the Dowry Prohibition Act and sentenced him to undergo R.l. for six months on each count and also sentenced him to pay fine of Rs. 5000/ -. Being aggrieved with the order of conviction and sentence the petitioner preferred an appeal and the appellate court affirmed the order of conviction recorded by the trial court but modified the sentence in the manner as indicated above.

(3.) THE term "Dowry" has been defined in the Dowry Prohibition Act and it runs as follows :