MUKHTAR CHAUDHARY Vs. STALE OF BIHAR

JUDGEMENT

(1.) AFTER Ras Muna Devi alias Meena Devi (P.W. 3) was wedded to the petitioner, her happiness was shortlived, as it is alleged that shortly after her marriage, her in -laws were insisting on her to fetch luxurious goods from her parents and as they failed to oblige, she bore torture in silence for 4/1/2013 Page 46 Karu Mian Alias Md.Karu,Gul Mohammad,Amina Khatoon Versus State Of Bihar these years, when she was in the company of her husband. The accusation attributed to the in - laws were that they withheld her ornaments, subjected her to cruelty, kept her bereft of good and eventually dropped her near village Harigaon where she could get company of Jagarnath Singh P. W. 1 who took her to her parents ' house, and with all these accusations, the prosecution was launched against the petitioner and also other in -laws who were six in number.

(2.) THE defence of the petitioner before the trial court and also this court had been, inter alia, that the accusation attributed to them were that the instant case has been fall out of Complaint Case No. 527 of 1993, instituted by the petitioner against the brother of Ras Muna Devi alias Meena Devi.

(3.) THE trial court on appreciation of evidences adduced on behalf of the prosecution, negativing contentions raised at bar on behalf of the petitioner, while acquitted others of the charges levelled against them, rendered verdict of guilt against the petitioner finding him guilty under Sections 323, 406. and 498A of the Indian Penal Code. The petitioner also suffered conviction under Section 4 of the Dowry Prohibition Act. As for sentence imposed on him, the petitioner was sentenced to suffer simple imprisonment for six months under Section 323 of the Indian Penal Code. The imprisonment of one year was imposed for conviction under Section 406 of the Indian Penal Code and as for conviction under Section 498A of the Indian Penal Code, the petitioner was sentenced to suffer simple imprisonment for one year with fine of Rs. 1000/ - and for conviction under Section 4 of the Dowry Prohibition Act, he was sentenced to suffer simple imprisonment for six months and also to pay a fine of Rs. 1000/ -. In default of payment of fine, the petitioner was to suffer simple imprisonment for six months more on each count for which he was sentenced to pay fine. However, all the sentences were directed to run concurrently.