KRISHNA PRASAD PATWA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 6.2.93 passed by Sri R.N. Pd. Singh, 2nd Addl. Sessions Judge Giridih, in Criminal Appeal No. 34/90 thereby and thereunder the judgment dt. 24.4.90 passed by Sri Binod Kumar Lai, judicial Magistrate, 1st Class, Giridih, in Complaint case No. 39/87 was confirmed and maintained and all these petitioners were found guilty under Section 498, IPC and they were sentenced to undergo rigorous imprisonment for two years each.

(2.) THE prosecution case, in short, is that the complainant Basanti Devi was married to accused Krishna Pd. Patwa according to Hindu Custom on 11.4.85 and at the time of marriage cash amount and some articles were given to the accused persons by the father of the complainant. After the marriage the complainant had gone to her Sasural, but, after 7 8 months Sasural people began to demand Rs. 1000/ in cash, golden ring and other articles by way of dowry and due to non fulfilment of the same she was abused and also being assaulted. On 22.5.86 the father of the complainant had gone to the residence of accused persons where he was also abused and asked to fulfil the demand and further on 24.2.87, the accused persons came to the residence of the complainant's father where they were also abused and threatened for non fulfilment of the dowry. Ultimately on 11.3.87 this complaint case was filed as against these petitioners.

(3.) IT is admitted position that the complainant was married to the accused Krishna Pd. Patwa according to Hindu custom on 11.4.85 and other two petitioners are father and mother of Krishna Pd. Patwa. In the trial court, several witnesses were examined and from the evidence of the complainant, her father, uncle and other witnesses, this fact is well proved that the complainant was subjected to cruelty for non fulfilment of some dowry demand and two specific instances have been cited, that is, on 22.5.86 when the complainant's father had gone to the house of the accused persons, them he was abused for non fulfilment of the dowry and similarly there is evidence to show that on 24.2.87, the accused Prabhu Pd. Patwa, the father of the main accused Krishna Pd. Patwa, came to the residence of the complainant's father and also abused and threatened them. So the alleged cruelty as against the complainant is well proved, so far the husband Krishna, Pd. Patwa and his father Prabhu Pd. Patwa is concerned.