MD. AFTAB AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present Criminal Revision petition has been preferred by the petitioner against the impugned judgment and order of sentence dtd. 29/9/2021, passed by learned Additional Sessions Judge-III, Nalanda at Biharsharif in Criminal Appeal No. 20 of 2019, whereby the judgment of conviction and order of sentence passed by learned Trial Court against the petitioner has been upheld, though the co-convict viz., Daizy was acquitted. Learned Trial Court vide judgment and order of sentence dtd. 21/5/2019 had found the petitioner herein guilty under Sec. 498A of the IPC and sentenced him to S.I. for one year and to pay a fine of Rs.5,000.00 and in default to pay the fine, he was further directed to suffer additional S.I. for one month. Prosecution Case

(2.) The prosecution case as emerging from the written report to the police is that the informant/Sanowar Jahan was married to the petitioner/Md Aftab Ahmad @ Aftab Ahmad in the year 1993 and a daughter was born out of the wedlock. At the time of marriage, Rs.50,000.00 in cash, jewelry of golden and silver, clothes, utensils and furniture were also given. After the marriage, the informant joined the matrimonial home. But, after some time, the husband, mother-in-law/Mumtaz Ara, sister-inlaw, Kaisar Jahan and husband of sister-in-law, Fahimuddin started demanding additional dowry by way of motorcycle and Rs.50,000.00, failing which she was threatened not to be allowed to settle at the matrimonial home. On account of non-fulfillment of demand of dowry, the accused started committing physical and mental cruelty against the informant. However, the same was tolerated by her, hoping that good day would come. But the accused persons kept torturing and depriving her of food. She used to inform her parents regarding the demand of dowry, but they used to express their inability to fulfill the demand and used to go to her matrimonial home to make the accused understand their inability to fulfill the demand. But despite that, the accused persons mixed poison in her food with intent to kill her. However, she got inkling that poison was mixed in her food and hence, she threw the food. The accused persons also tried to kill her. On 28/8/2001, the accused persons snatched all the gift items from the informant and ousted her from the matrimonial home after beating her. Somehow, she came back to her parental home along with her daughter. Evidence of Both the Parties

(3.) During trial, altogether the following witnesses were examined on behalf of the prosecution:-