ASHOK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of conviction dated 04.11.2009 and order of sentence dated 05.11.2009 passed by the 4thAdditional District and Sessions Judge, Muzaffarpur in Sessions Trial No.389 of 1996, arising out of Maniari P.S. Case No.80 of 1993, whereby learned lower Court convicted the appellant Ashok Kumar, Sunil Kumar Mahto, Amrendra Kumar Matwala @ Fekan Mahto and Ahilya Devi for the offence punishable under Section 498-A/34 of the Indian Penal Code & Section 4 of D.P. Act & sentenced Ashok Kumar to undergo R.I. for three years under Section 498A of the Indian Penal Code and slapped him with a fine of Rs.5000/- and, in default of payment of fine to undergo S.I. for one month and further sentenced him to undergo R.I. for six months for the offence under Section 4 of the Dowry Prohibition Act. Both the sentences were directed to run concurrently. Sentenced Sunil Kumar Mahto to undergo R.I. for 2 years under Section 498A of the Indian Penal Code and slapped him with a fine of Rs.2000/- and in default in payment of fine to undergo S.I. for one month and further sentenced him to undergo R.I. for six months under Section 4 of the Dowry Prohibition Act. Both the sentences were directed to run concurrently & sentenced Amrendra Kumar Matwala @ Fekan Mahto & Ahilya Devi to undergo R.I. for 6 months each under Section 498-A of the Indian Penal Code & slapped them with fine of Rs.1500/- each & in default of payment of fine to undergo S.I. for one month each & further sentenced them to undergo R.I. for 6 months each under Section 4 of the D.P. Act. Both the sentences were directed to run concurrently.

(2.) The factual matrix of the case is that Maniari P.S. Case No.80/1993 was instituted against the accused Ashok Kumar, Amarendra Kumar Matwala alias Phekan Mahto, Sunil Kumar Mahto, Arun Kumar Mahto, Manoj Kumar Mahto, Ahilya Devi and Most. Reshmi Devi, on the basis of complaint filed by Veena Kumari, wife of Ashok Kumar, daughter of Dholan Mahto, resident of village Silout, P.S. Maniari, District West Muzaffarpur, with the allegation in succinct that the marriage of the informant was solemnized with Ashok Kumar on 06.07.1988. After marriage, she went to her marital house located at Dighra, P.S Pusa, District Samastipur. Thereafter, Sunil Kumar Mahto, who was working in Delhi, demanded radio, wrist watch, tape recorder, motorcycle and television from her father by sending inland letters from Delhi. On receiving the said letters, her father went to her marital house and vented his inability to cough up their demand. But her in-laws started mounting pressure upon him else Bidai of the informant would not be made. Her in-laws started mounting pressure upon her to fetch the aforesaid articles from her father and they also started extending threatening of dire consequences to her and to perform second marriage of her husband. Her father took her to his house on bidai. After Bidai from her marital house, Sunil Kumar again demanded the aforesaid articles by giving three inland letters to his father from Delhi on 13.02.1989, 08.05.1989 and 17.06.1989. Any how her in-laws took her to marital house performing Bidai after 1½ years & they started abusing and assaulting her over the aforesaid demand on arrival at marital house. Her husband and brother-in-law took her to Delhi in the year 1991 and set her ablaze by dousing kerosene oil on her. Thereafter, she was got treated by the private doctor. Thereafter, she was sent to the matrimonial house at Dighra. After coming to know about her predicament her father came to meet her. She divulged him her sorry tale. Her father was ready to inform the police but her parents-in-law told that this will not be repeated. In the year 1991, her father took her to parental house on the occasion of Dushara. Her in-laws did not take her back to her marital house performing bidai and they told that her husband has performed second marriage at Delhi.

(3.) The aforesaid case was investigated by the police and on conclusion of the investigation and finding the case true, I.O. submitted chargesheet against the accused Ashok Kumar, Sunil Kumar Mahto, Amrendra Kumar Matwala @ Fekan Mahto, Arun Kumar Mahto, Manoj Kumar Mahto, Ahilya Devi and Most. Reshmi Devi under Section 498A, 494 and 307 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.