LIYAKAT MIYAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appeal is directed against the judgment of conviction dated 22.12.2000 and order of sentence dated 23.12.2000 passed by Shri Vishundeo Narayan, Sessions Judge, Deoghar in Sessions Trial No. 315 of 1996, by which judgment he found the appellants guilty under Section 498-A of the Indian Penal Code on the basis of the evidence on record and sentenced them to undergo R.I. for 3 years and also to pay a fine of Rs. 2000/- each and in default of payment of fine further to undergo S.I. For 9 months to each of the appellants. All the appellants were charged under Section 304B of the Indian Penal Code also, but they were acquitted from the charges under Section 304B of the Indian Penal Code.

(2.) It is submitted by the learned Counsel for the appellants that there was no evidence that the victim lady was tortured by the appellants after her marriage and as such their convictions under Section 498A of the Indian Penal Code is bad in law and fit to be set aside.

(3.) On the other hand, learned Counsel for the State has opposed the prayer and submitted that the victim lady was married in the Aghan of 1996 with the appellant, Liyakat Miyan and she used to be tortured by all the appellants since last one and half months and on 18J9.96 she informed the informant that the victim girl is being tortured by the appellants and they have even denied food to her and as such there are sufficient evidence and hence their convictions under Section 498A of the Indian Penal Code is well founded and requires no interference by this Court.