SAHDEO GUPTA / XXXX Vs. STATE OF BIHAR

JUDGEMENT

(1.) The instant revision is directed against an order, dated 30th of May, 2018, passed in Criminal Appeal No. 39 of 2008, by the learned Additional Sessions Judge, Fast Track Courts, 1st, Nalanda at Biharsharif, whereby and whereunder the learned Court of Appeal upheld the order, dated 12th of March, 2008, passed in Trial No. 82 of 2008, arising out of Nawada P. S. Case No. 231 of 1994, corresponding to G. R. Case No. 1543 of 1994, by the learned Chief Judicial Magistrate, Nalanda at Biharsharif, convicting and sentencing the Petitioners to suffer rigorous imprisonment for one year each for the offence punishable under Sec. 498A of the Indian Penal Code and rigorous imprisonment of six months with fine of Rs.1,000.00 each for the offence punishable under Sec. 4 of the Dowry Prohibition Act, 1961. Both the sentences were directed to be run concurrently.

(2.) The Opposite Party No. 2 filed complaint case, bearing no. 656 C of 1994 before the learned Chief Judicial Magistrate, Nawada against the Petitioners and their family members, alleging, inter alia, that on 1st of March, 1993, the daughter of the Informant, namely, Jyoti Gupta was given marriage with the Petitioner No. 2 according to Hindu Rites and Ceremonies. After marriage, she went to her matrimonial home and she was subjected to physical and mental torture for one Maruti Car. The wife of Petitioner No. 2 expressed her inability to provide a Maruti Car to the Petitioners, but she was brutally assaulted by them. A Panchayati was held at Bokaro where her matrimonial relations agreed to keep her with full dignity and honour. But they did not follow the decision of the Panchayati. The victim sent letters to her father, disclosing that if the demands of the accused persons are not fulfilled, they will ultimately kill her. The Informant made all other allegations, implicating the Petitioners of dowry related harassment and cruelty towards his daughter.

(3.) The said complaint was referred to Police under Sec. 156(3) of the Cr.P.C. and accordingly Nawada P. S. Case No. 231 of 1994, dated 19th of December, 1994 under Ss. 498A, 323, 120B, 348 and 386 of the Indian Penal Code and Ss. 3/4 of the Dowry Prohibition Act, 1961 was registered and Police took up the case for investigation. On completion of investigation, the Police submitted charge-sheet against the Petitioners and 11 other persons named in the F.I.R.