RAMJI RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner has been convicted under Section 498 I.P.C. and sentenced to undergo R.I. for one year by the Sub-Divisional Judicial Magistrate, Arrah, by Judgment and order dated 13-6-88. The said conviction and sentence has been upheld by the appellate Court by judgment and order dated 13-2-89.

(2.) The prosecution case, in brief, is that the informant Harihar Ram, PW4, was married with Devanti Devi. Both were residing with four children in the campus of Maharaja College, Arra, where the informant was employed as a peon. He came to know from Amarnath Mahto that on 13-3-85 at 12.00 noon during his absence the petitioner enticed away his wife with ornaments and cash. He also forcibly took away one of the sons of the informant. The informant, later on, came to know that his wife was living with the petitioner at Durgapur. Thereafter he lodged a written report before the Officer-in-charge, Ara-Nawada P.S., Ext. 1, on the basis of which a formal F.I.R. under Sections 366 and 376 I.P.C. was drawn and the police submitted a final report. The learned Magistrate differed with the opinion of the police and by order dated 28-6-86 took cognizance under Section 498 I.P.C. and transferred the case for trial.

(3.) Before the trial Court, the prosecution examined five witnesses, out of whom PW5 Bhuvaneshwar Singh is a formal witness who has proved the F.I.R. PW3 Rakesh Kumar, son of the informant, has been tendered, PW1 Ram Sakhi Devi, mother-in-law of the informant (mother of Dewanti Devi), Rajesh Kumar, son of the informant, PW2 and PW4, the informant, supported the prosecution case and both the Courts have accepted their evidence and have convicted the petitioner under Section 498 I.P.C. as stated above, hence the present revision application.