CHANDRA KISHORE YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Chandra Kishore Yadav has been found guilty for an offence punishable under Section 498A of the I.P.C. and sentenced to undergo S.I. for three years vide judgment of conviction and order of sentence dated 22.11.2008 passed by the Additional Sessions Judge, Fast Track Court No.II, Saharsa in Sessions Trial No.68 of 2002.

(2.) Birendra Kumar (PW-7) filed Complaint Case No.817C of 1999 on 09.09.1999, showing the date of occurrence from 17.01.1999 to 03.09.1999 against appellant Chandra Kishore Yadav along with his father Dhaniklal Prasad Yadav and mother Mankiya Devi, which was sent to the concerned P.S. for registration and investigation of the case in accordance with Section 156(3) of the Cr.P.C., whereupon Saharsa P. S. Case No.316 of 1999 has been registered and after investigation, chargesheet was submitted facilitating the trial, which concluded by way of recording of judgment of acquittal relating to Dhaniklal Prasad Yadav as well as Mankiya Devi. Simultaneously, convicting the appellant in a manner, subject matter of instant appeal.

(3.) As per complaint, the allegation so attributed against the appellant and Others (since acquitted) divulges the fact that sister of complainant/ informant namely Jaimala Devi has been married with Chandra Kishore Yadav in the month of June, 1994. At the time of negotiation, marriage was settled over Rs. 51,000/- as dowry against which, Rs. 31,000/- was paid and with regard to remaining Rs. 20,000/- , it has been agreed amongst that same would be paid according to availability. After marriage, Jaimala Devi gone to her sasural and began to discharge her marital obligation as a result of which, in the Year 1996, she begotten a male child, who unfortunately died after a year.