SUMASN DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present criminal revision petition has been preferred against the impugned judgment dtd. 7/12/2016 passed by learned Additional District and Sessions Judge-I, Naugachia in Criminal Appeal No. 77 of 2014, whereby the appeal was allowed, setting aside the judgment of conviction and order of sentence dtd. 6/6/2014, passed by learned S.D.J.M., Naugachia whereby O.P. No.2/Mahendra Jha and O.P. No.3/Nandan Kishore Jha were convicted under Ss. 323, 498A and 406 read with Sec. 34 of the Indian Penal Code and Ss. 3 and 4 of Dowry Prohibition Act and sentenced accordingly. Factual Background

(2.) The factual background of this case is that the victim, Suman Devi W/o Nandan Kishore Jha had filed one Criminal Complaint Case No. 85 of 2006 against four accused persons including the O.P. Nos. 2 and 3 herein. In the criminal complaint, after cognizance charge was framed under Ss. 323, 498A and 406 read with Sec. 34 of the Indian Penal Code and Sec. of Dowry Prohibition Act against four accused persons including the O.P. No.2/Mahendra Jha and O.P. No.3/Nandan Kishore Jha herein.

(3.) After the trial, O.P. Nos. 2 and 3 were found guilty under Ss. 323, 498A and 406 read with Sec. 34 of the Indian Penal Code and Ss. 3 and 4 of Dowry Prohibition Act and sentenced accordingly, by learned S.D.J.M., though rest two accused persons were acquitted of all charges.