SHAMBHU 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 against the order dated 24.01.2017 passed by the Additional Sessions Judge, 1st, Kishanganj, in Criminal Appeal No. 62 of 2007/CIS No. 300 of 2013 by which judgment and order of conviction and sentence dated 05.05.2017 passed by the SDJM, Kishanganj, in Complaint Case No. 683(C) of 2004 has been upheld.

(3.) The opposite party no. 2 is the wife of the petitioner no. 1 and had filed the Complaint Case No. 683(C) of 2004 under Sections 323 and 498-A of the Penal Code, 1860 (hereinafter referred to as 'IPC') and Section 4 of the Dowry Prohibition Act, 1961. Upon trial, the petitioners were convicted under all the three sections and sentenced to undergo simple imprisonment for three months under Section 323 of IPC and rigorous imprisonment for two years and fine of Rs. 1,000/- under Section 498-A of IPC, and upon non-payment of fine to undergo further simple imprisonment for one month and also one year rigorous imprisonment under Section 4 of the Dowry Prohibition Act. Appeal filed by them was also dismissed.