AVINASH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner who was made accused along with his other family members has challenged the judgment dated 08.12.2014 passed in Criminal Appeal No. 69 of 2012 by which his challenge to the judgment dated 18.12.2012 in Trial No. 28 of 2012 has failed.

(2.) Lohardaga P.S Case No.78 of 2006 was lodged on 13.04.2006 against Avinash Kumar, Kumari Devi, Ramdeo Singh, Sumitra Devi, Bisnudeo Singh, Bishwas Singh, Nivas Kumar @ Happy, Sampo Kumar, Pampi Kumar, Nitu Devi, Guddi Devi, Gandhi Jee, Harwati Singh and Ramchandra Singh for committing offence under sections 498A, 323 and 379 read with section 34 of the Indian Penal Code. After the investigation a charge-sheet was laid against Avinash Kumar, Kumari Devi, Sumitra Devi, Ramdeo Singh, Bisnudeo Singh and Bishwas Singh. The learned Chief Judicial Magistrate, Lohardaga took cognizance of the offence under sections 498A and 323 of the Indian Penal Code as also under section 3/4 of the Dowry Prohibition Act and issued summons to Avinash Kumar, Kumari Devi and Ramdeo Singh Avinash Kumar is the husband of the victim lady. During the trial the prosecution has examined seven witnesses out of which PW5 is the wife of Avinash Kumar. The brother, sister and parents of the victim lady were examined on the point of harassment and torture caused by the accused to the victim lady. The learned trial Judge has held that PW1, PW2, PW3, PW4 and PW5 supported the occurrence and deposed about torture and beating to the victim lady at the hands of the accused. Accordingly, Avinash Kumar, Ramdeo Singh and Kumari Devi were convicted and sentenced to SI for three years under section 498A and SI for one year under section 323 of the Indian Penal Code. The accused were further sentenced to SI for two years imprisonment and a fine of Rs.1000/- each under section 4 of the Dowry Prohibition Act with default stipulation to suffer further SI for one month.

(3.) In appeal, the appellate Court has observed as under: