SARUN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners; learned APP for the State and learned counsel for the opposite party no. 2.

(2.) The petitioners have moved the Court under Sections 397 and 401 of the Code of Criminal Procedure, 1973, against the judgment dated 19.04.2018 passed in Cr. Appeal No. 11 of 2014, by the 1st Additional Sessions Judge, Hilsa, Nalanda by which the judgment and order of conviction and sentence dated 23.05.2014 passed by the Sub Divisional Judicial Magistrate, Hilsa, Nalanda in Nagarnausa PS Case No. 150 of 2006/GR No. 554 of 2006/Trial No. 65 of 2014, has been upheld.

(3.) The petitioner no. 1 is the husband of the opposite party no. 2, whereas petitioners no. 2 and 3 are the elder brother and wife of the elder brother of petitioner no. 2. They were accused in a case filed by the opposite party no. 2, along with three other persons. Upon trial, all the accused persons were convicted under Sections 498A of the Indian Penal Code and 3/4 of the Dowry Prohibition Act and sentenced to undergo rigorous imprisonment for three years and fine of Rs. 5,000/- each under Section 498A of the Indian Penal Code and in default to undergo simple imprisonment for five months each and rigorous imprisonment for six months under Section 3 of the Dowry Prohibition Act and fine of Rs. 5,000/- and in default to undergo simple imprisonment for two months each and further to undergo rigorous imprisonment of six months under Section 4 of the Dowry Prohibition Act and Rs. 5,000/- fine and in default to further undergo simple imprisonment for two months each. The appellate Court has acquitted the petitioners under Section 3 of the Dowry Prohibition Act.