MD NUR ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners have preferred this revision application against the judgment and order dated 04.12.2015, passed by learned Sessions Judge, Sitamarhi in Criminal Appeal No.82 of 2015 thereby dismissing the appeal filed by them by affirming the judgment of conviction and order of sentence dated 28.07.2015, passed by learned SDJM, Sadar, Sitamarhi in Trial No.827 of 2015, arising out of Complaint Case No.C1-80/2010 whereby the trial court has convicted the petitioners under Section 498(A) of the Indian Penal Code and awarded sentence of 1' years simple imprisonment and also directed to pay fine of Rs.1000/- each and in case of non-payment to further undergo simple imprisonment of three months.

(2.) The brief fact giving rise to the complaint case is that on 10.01.2008, marriage of Sohana Khatoon was solemnized with Md. Nur Alam, the petitioner no.1, but the bridegroom asked for Hero Honda motorcycle in dowry before performance of Nikah but any how on persuasion of some well wishers Nikah was performed and thereafter she came to her in laws house. The complainant was being tortured at the place of her in laws for fulfilling the demand of motorcycle. The accused persons used to keep her hungry not providing food and always used to abuse her. On 201.2010, mother, sister and other members of the complainant's family came and persuaded not to torture the complainant but in their presence she was assaulted and keeping all her articles kicked her out of the matrimonial home. All accused persons were put on trial after framing of charge and on its conclusion have been convicted by the trial court as aforesaid.

(3.) Altogether six witnesses have been examined by the prosecution, namely, Munni Khatoon (PW1) , mother of the complainant, Hasmeena Khatoon (PW2) , sister of the complainant, Md. Mahamdeen has been examined twice as PW3 and PW5, grandfather of the complainant, Sohana Khatoon (PW4) , the complainant, and Md. Alladdin (PW6) , father of the complainant, and one defence witness examined by the accused persons is Sheikh Ayub (DW1) .