AYAZ Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application has been preferred aainst the judgment dated 06.08.2015 passed in Criminal Appeal No. 59/82 of 2014/2015 by learned 12th Additional Sessions Judge, Motihari, whereby and whereunder, the judgment and order of sentence dated 27.05.2014 passed in Tr. No. 4678/14 arising out of Complaint Case No. 1797/08 by the learned Judicial Magistrate -1st Class , by which, the petitioner were convicted for the offence under Section 498A of the Indian Penal Code and were sentenced to undergo rigorous imprisonment of 3 years alongwith fine of Rs. 2,000/- and in in default of payment of fine to undergo simple imprisonment of one month has been upheld with some modification in order of sentence with respect to appellant nos. 2 and 3.

(2.) Facts giving rise to the present revision application in short is that the marriage of complainant Shabnam Praween was solemnized with the petitioner no. 1 on 04.05.2006 according to Muslim rights and customs and after her marriage, she went to her in-laws house at Shekhi Chakia. On 13.05.2006, father of complainant gave the jewellery as demanded by her in laws. Thereafter, accused persons along with complainant went to Kolkata, where the accused persons started beating and torturing her and demanded Rs. Five Lakhs from her father. On 19.09.2007, the complainant was beaten black and blue by the accused persons and she was confined in a room and her neighbour informed her father about the incident, thereafter, her father along with other relatives reached there and with the help of local police, she was rescued and was admitted to the hospital, where she got medically treated. Thereafter, on 10.08.2008, complainant came with her father at her father's house. It is also the case of complainant that on 05.08.2008, accused persons came to her father's house for "Rukshadi" and the complainant was allowed to go along with petitioner no. 1 but she was left at Muzaffarpur Railway Station, thereafter, the complainant returned to her father's house along with her son.

(3.) After enquiry under Section 202 of the Code of Criminal Procedure, processes were issued against the petitioners and on their appearance, trial commenced.