SATYA NARAYAN PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Cr. Revision No. 302 of 2002 and Cr. Revision No. 354 of 2002 arise out of judgment and order dated 25th January 2002 passed by the learned Sessions Judge, Begusarai in Cr. Appeal No. 10 of 2001 by which the appeal has been dismissed with modification in the sentences to the effect that in case of default of payment of fine on the part of the Appellants, instead of rigorous imprisonment for a period of one month each, they shall undergo simple imprisonment for a period of one month, as such both these revision applications have been heard together and are being disposed of by this common judgment.

(2.) Cr. Revision No. 302 of 2002 has been filed by the relatives of the husband of the complainant, whereas, Cr. Revision No. 354 of 2002 has been filed by the husband of the complainant, opposite party No. 2 in both the revision applications.

(3.) The prosecution case, in brief, is that the complainant-opposite party No. 2 was married to Krishna Kumar Sinha, the Petitioner in Cr. Revision No. 354 of 2002 on 12.6.1987 according to 'Vaidik' rituals. During the course of marriage, the mother and the brother of the complainant presented 10 'Bhar' gold ornaments, 20 'Bhar' silver ornaments and several utensils to the Petitioners but in spite of that the Petitioners started demanding Rs. 25000/- and a scooter. She was subjected to various types of torture for the fulfillment of the demand. She went to her matrimonial home after marriage and returned to her Naihar after a period of 9 days. She again went to her Sasural Jitwarpur Railway Colony within the town and police station of Samastipur on the eve of Dashahara and stayed there for three months. During the period of 1988-89, she remained in her sasural for a period of about nine months. During this period, the Petitioners always abused and assaulted her for dowry. They also threatened to kill her if their demands are not fulfilled. In the month of Aasin, 1989, she returned to her Naihar with her brother. In the meantime, in the year 1988 the husband and mother-in-law of the complainant wrote a letter to the mother of the complainant with threatening and the demand of motor-cycle was exactly repeated. On 28.1.1990 the father-in-law of the complainant sent a letter to the complainant through Krishna Murari Sinha, Debar that her mother-in-law was seriously ill and had been admitted in the railway hospital and asked her to come there for looking after her. She immediately went to Samastipur with her Dewar and rendered the services to her mother-in-law. The mother-in-law became perfectly well, thereafter, the Petitioners again started assaulting and torturing the complainant. After 6-7 months, the complainant was ousted from her matrimonial home. She returned to her mother's home alone. It has further been alleged that she was not directed to take her ornaments and cloths. The relatives of Naihar of the complainant tried to make the Petitioners understand but in vain. Immediately before filing the complaint petition the complainant came to know that her husband, Petitioner of Cr. Revision No. 354 of 2002 has eloped with a married girl. The complainant suffered mental agony and in her helplessness and inhuman behaviour of the Petitioners drove her to commit suicide, she has to file the petition of complaint. The complainant is living with her mother and brother and has also lost her mental balance. She filed complaint case No. 406 C of 1994 in the Court of learned Chief Judicial Magistrate, Begusarai on 8.6.1994.