JAIRAM SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Revision is directed against the judgment dated 2.4.2008 recorded by the Sessions Judge, West Singhbhum at Chaibasa in Criminal Appeal No. 05 of 2008 by which the judgment of conviction and order of sentence recorded against the Petitioners by the Sub-Divisional Judicial Magistrate, Porahat at Chaibasa in G.R. No. 3984 of 2000 corresponding to T.R. No. 285 of 2008 was affirmed and the appeal was dismissed.

(2.) All the Petitioners were convicted by the Trial court under Sections 406/498A of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for two years and fine of Rs. 2000/- with default stipulation on each count.

(3.) The prosecution story in short was that the complainant-opposite party No. 2 when presented a complaint bearing C. No. 4448 of 2000 before the learned Chief Metropolitan Magistrate, Kolkata, it was referred to the Park Street Police Station under Section 156(3) Code of Criminal Procedure whereby Park Street P.S. Case No. 43 of 2000 was instituted against the accused persons. The complainant-opposite party No. 2 Rima Singh herein narrated in the complaint petition that she was married to the Petitioner No. 1 Jairam Singh on 23.4.2000 as per Hindu rites and customs at her native village in Bihar and on the eve of marriage her father had given Rs. 1,50,000/- in cash to her father-in-law through Bank Draft besides, Rs. 30,000/- in cash being the cost of a motor cycle for her husband, Jairam Singh. Jewellaries of gold and silver were also given to the accused. She came to her matrimonial home in Kolkata on the next day of her marriage but she alleged that after seven days all her in-laws and husband put a demand of Rs. 3 lakhs to be asked from her father for purchasing a piece of land at Kolkata. In this connection she was assaulted by the Petitioners several times accordingly she was subjected to physical and mental torture. The Petitioners had attempted to commit her murder even by throttling her and also by setting her body on fire but she was rescued by the close door neighbours and finally after retaining Jewelleries and valuables, given to her on the eve of marriage, she was driven out from her matrimonial home. The Investigating Officer after investigation of Park Street Case No. 436 of 2000 submitted charge sheet against the Petitioners under Sections 406/498A of the Indian Penal Code. However with the intervention and order of the Supreme Court of India, the case was transferred to the court of Sub-Divisional Judicial Magistrate, Porahat at Chaibasa for trial. Altogether five witnesses were examined on behalf of the prosecution and the Petitioner Jairam Singh produced himself as the defence witness whose statement was recorded as D.W.1