CHANDRA KALA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Though both the Courts below recorded finding of guilt under S. 498-A of the Indian Penal Code (IPC) against the petitioners, sentence of two years awarded to them by the trial Court was, however, reduced to one and half year each by the appellate Court, which is impugned in this revision.

(2.) Before I appreciate the contentions raised at Bar on behalf of the petitioners, I wish to narrate with brevity, salient feature of the prosecution case centering round the incident in question. Happiness of Kiran Devi (P.W. 5), who was wedded to petitioner No. 2-Rakesh Kumar Singh in the year 1991, was quite short-lived, as it was alleged that shortly after when she went to matrimonial house, she found atmosphere hostile to her, as her in-laws had been abusing her for failure of her parents to make provision of a motorcycle in dowry to them. After about two weeks, she was brought to her parents' house and after about a year, when there was a marriage ceremony in her matrimonial house, she had to go there again. The victim lady laments that even when her in-laws came to her father's house to take her, they had been insisting on her father for provision of a motorcycle, else consequence would be worse. Be that as it may, she went to her in-laws' house and again the in-laws had been reiterating their demand for provision of motorcycle and the torture continued to be meted on her, and all the time when she visited her in-laws' house, she was mentally and physically tortured by them for failure of her parents to make provision of dowry. Even though Panchayati was convened for resolution of dispute but this too failed to bring any breakthrough in the matrimonial relationship of the spouse and the climax of the situation, reached on 19/04/1995, when in-laws made even abortive bid to set her ablaze. However, she could be rescued due to arrival of some persons of the locality. The prosecution with these accusations was launched by none else but the victim lady, pursuant to which a police case was registered and investigation followed, on conclusion of which, police laid charge-sheet before the Court and trial commenced.

(3.) The defence of the petitioners both before the Court below and this Court had been that of innocence and their false implication at the instance of the brother-in-law of the victim lady. At trial, the prosecution examined altogether six witnesses and also the police officer, Court witness No. 1, who was Investigating Officer of the case. The trial Court, however, placing implicit reliance on the testimony of witnesses, who were father, brother of the victim lady and also the neighbours while rejecting plea of innocence of the petitioners, recorded finding of guilt under S. 498-A, I.P.C. and sentenced the petitioners in the manner stated above. When the matter was carried in appeal, the appellate Court while endorsing the finding of guilt recorded by the Courts below, reduced the sentence to a term of 11/2 years each.