NARESH PANDIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned advocate for the petitioner and learned Additional Public Prosecutor for the State.

(2.) The instant revision is directed against the judgment and order of conviction and sentence passed in Criminal Appeal No.46 of 2021 dtd. 28/6/2016 whereby and whereunder the learned Additional Sessions Judge-III, Samastipur affirmed the order of conviction and sentence under challenge passed by the learned S.D.J.M., Dalsingsarai in C.R. No. 172 of 2004, T.R. No. 232 of 2011 convicting and sentencing the present petitioner and other two accused persons for rigorous imprisonment for three years and to pay fine of Rs.1,000.00 each and in default of payment of fine further simple imprisonment for two months for the offence under Sec. 498A of I.P.C. The petitioner was also convicted and sentenced under Sec. 4 of the Dowry Prohibition Act with rigorous imprisonment for one year and to pay fine of Rs.1,000.00, in default of payment of fine further simple imprisonment for two months.

(3.) The factual aspect of the matter is not of much dispute. Marriage of the petitioner was solemnized with the opposite party no.2 in accordance with Hindu Rites and customs in the year 1994. After marriage, they started together to live as husband and wife. In the said wedlock, the opposite party no.2 gave birth to three children- two male children and one girl child. Girl child was born sometimes in the year 2001. It is the case of the complainant/opposite party no.2 that three years after the birth of the said girl child, the petitioner and all other matrimonial relations of the opposite party no.2 demanded Rs.10,000.00 to be brought from her father's house in order to rear and maintain the said girl child.