JABBIR SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) When the matter is called out, counsel for the appellant Mr. Nilesh Kumar has appeared along with Ms. Alka Kumari. Counsel for the State Mrs. Lili Sahay has also appeared.

(2.) This criminal appeal is directed against the judgment of conviction dated 23.01.2010 and the order of sentence dated 27.01.2010 passed by the learned Additional Sessions Judge, Fast Track Court-IV, Bokaro in S.T. No. 182 of 2002 (S) whereby and whereunder appellant has been convicted under sections 363 and 498A of the Indian Penal Code and section 4 of the Dowry Prohibition Act. The appellant was sentenced to R.I. for five years under section 363 of the IPC, RI for two years under section 498 A of the IPC and RI for one year under section 4 of the Dowry Prohibition Act. All the sentences were directed to run concurrently and the period of detention undergone during trial was to be adjusted against the total period of sentence.

(3.) The prosecution case in brief is that informant P.W.1 Sahida Khatoon had filed a complaint case being 339/2001 dated 13.11.2001 before the CJM, Bokaro against four accused persons including the appellant herein. In the complaint, informant had alleged that she was the legally married wife of Chutu and her marriage was performed at her father's house at Alkusha on 24.4.2001. The accused person had demanded Rs. 50,000/- cash, one Scooter, wrist watch, ornaments and utensils etc. as dowry. Informant further stated that her father could not fulfill the demands and so, accused persons denied to perform the marriage but, at the intervention of village Anjuman Committee, a list of dowry about cash and other articles was prepared. Her parent had given 23,000/- in cash, for denmohar Rs.10000/- and utensils etc. in presence of other accused persons and her marriage was performed. After marriage she went to her matrimonial home and remained there peacefully for some times. But, after sometime accused persons started torturing her and asked her to bring the balance cash amount, scooter and wrist watch but her father was not in a position to fulfill the demands. Hence, she was treated inhumanly and tortured in a cruel manner and was not given sufficient food. One day accused persons attempted to threw her in a well but, her gotiya Jitan @ Hazia Khatoon, anyhow saved her life. Her brother came to her matrimonial home then, he was asked by the accused persons to fulfill their demands. Thereafter, her brother and some villagers came to her matrimonial home and gave wrist watch and cash of Rs. 50,000/- and requested not to torture and assault her. Informant further stated in her complainant that she became pregnant and fell seriously ill due to the torture committed on her. On 29.10.2001 she was brought to her father's house by her husband and he returned on scooter of her father saying that he has to join duty and he would return back soon. In the evening, Rakima Khatoon (P.W.7) aged about 14 years, the younger sister of the informant had gone to call for doctor and to take medicine but she did not return back. When her father and brother returned home then, her mother narrated the fact to them, then they started searching. They came to know from Anjum Sai and others that they had seen Chutu Sah going with Rakima Khatoon in a scooter. On the next day her father, brother along with villagers went to the house of the accused but did not get any trace of Rakima and Chutu. Her father could not tolerate such shock and he became bed ridden. In her matrimonial home, informant also came to know that her husband had married another lady also and had left her. The village ladies told her that her husband and his family members have a bad reputation and they are in habit of procuring young ladies to do illegal business and her husband had married several women and left them. Informant apprehended that her sister was confined by her husband and all the accused persons have full knowledge of the same. Informant further stated that she had reason to believe that her sister may be used as prostitute or she may be sold anywhere for obtaining good amount.