MD. SERFUDDIN @ SHARAFA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner / husband has challenged the successive judgments dated 22.08.2012 passed by IVth Additional Sessions Judge, Nalanda at Biharsharif in Cr. Appeal No.7 of 2007 confirming judgment of conviction and sentence dated 27.12.2006 passed by S.D.J.M., Nalanda at Biharsharif in Complaint Case No.809(c) of 2001 convicting and sentencing the petitioner R.I. for two years for an offence punishable under Section 498A of the IPC. However set aside the same relating to 380 of the IPC.

(2.) P.W.-4 / Opposite Party No.2, Jakia Bano filed complaint petition showing the date of occurrence 18-09-2001 disclosing therein that she was married with Serfuddin on 02.01.1997 as per Muslim rights and custom and on the eve of marriage, her husband was given the articles (node failed) in gift. Thereafter, she had gone to village-Lodipur where she begun to live her marital life happily. It was further disclosed that Nikah was performed one year earlier in presence of Wali Alam as well as Md. Rasid.

(3.) Then she alleged that after staying for six months her husband directed her to borrow Rs.50,000/- from her brother Md. Jiauddin to facilitate purchase of old truck but the same was refused by the complainant on account of feeble financial condition of her brother. However, the demand continued. It has further been disclosed that on 05.06.2001 her husband became infuriated after hearing her denial over which she was brutally assaulted and then she was locked in a room. Again he advanced demand on the following morning, which continued even after her denial. To save her life and agony, she returned back to her Naihar in absence of her husband along with her belongings as well as ornaments. It has further been disclosed that on 18.09.2000 her husband came to her place and disclosed that remaining amount has been managed by him but still there is shortage of Rs.30,000/- and so the aforesaid amount be provided to him. She had disclosed the aforesaid event to her brother who shows his helplessness. Her husband stayed at the night. On following morning he slipped along with ornaments belonging to the complainant.