(1.) THE instant Cr. Revision is directed against the judgment of acquittal dated 16.07.2008 recorded by Shri R.B.N. Sahai, Additional Sessions Judge -I, Sahebganj in Cr. Appeal No. 32 of 2006 by which the Opposite Party No. 2 Lal Kishore Jha was acquitted in appeal and thereby reversing and setting aside the judgment of his conviction under Sections 498A/494 I.P.C. and the order of sentence recorded by the S.D.J.M., Sahibganj in G.R. No. 145 of 1992 corresponding to T.R. No. 19 of 2006.
(2.) THE prosecution story in short was that the father of the petitioner namely Dhanajay Prasad Jha had filed a P.C.R. Case No. 14 of 1992 before the C.J.M., Sahebganj on 16.03.1992 which was referred under Section 156(3) of the Code of Criminal Procedure for investigation and accordingly, Sahebganj P.S. Case No. 54 of 1992 was registered for the alleged offence under Sections 495/498A/341 of the Indian Penal Code. As the father of the petitioner Dhanajay Prasad Jha died during pendency of the proceeding of the case on 06.04.2003, as such, Sudha Jha preferred this Criminal Revision before this Court against the impugned judgment of acquittal of the O.P. No. 2 in Criminal Appeal No. 32 of 2006. The marriage of the petitioner Sudha Jha was solemnized with the O.P. No. 2 Lal Kishore Jha on 07.06.1987 as per Hindu rituals. After some time of their marriage it was alleged that the accused persons demanded Rs. 15,000/ - in cash and one Yamaha motorcycle for performing 'Duragaman' and that as the same could not be given by her father, Sudha Jha was tortured in various manner. It was further alleged that the O.P. No. 2 Lal Kishore Jha came to the house of the complainant on 23.02.1992 and extended threat either to fulfill his demand lest he would marry to another girl. It was alleged that he solemnized second marriage on 05.03.1993 at Bhagalpur in the lifetime of Sudha Jha. The police after investigation submitted charge -sheet against the husband O.P. No. 2 Lal Kishore Jha for the alleged offence under Sections 498A/494 of the Indian Penal Code as also under Section 3/4 of the Dowry Prohibition Act.
(3.) FINALLY , the Trial Court recorded the statement of the accused O.P. No. 2 Lal Kishore Jha under Section 313 of the Code of Criminal Procedure initially on 28.05.2004 and subsequently on 15.06.2005 after further examination of Sudha Jha under Section 311 Code of Criminal Procedure as the Court witness. After hearing the parties the learned S.D.J.M. convicted the accused O.P. No. 2 by the judgment dated 21.07.2006 under Sections 494/498A I.P.C. and sentenced him to undergo rigorous imprisonment for the maximum period of two years in both the counts. Against the said impugned judgment and order the O P. No. 2 preferred a Criminal Appeal No. 32 of 2006 which was allowed on 16.07.2008 in the manner indicated above.