RAJ KISHORE ROY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This revision application is directed against the order dated 30-7-2002, passed by Sessions Judge in Session Trial No. 545 of 1995 whereby he has rejected the application of the petitioners under Section 227 of Cr. P. C. wherein prayer was made to discharge them from the case.

(2.) The opposite party No. 2 complainant Smt. Sarita Roy filed complaint case in the Court of C.J.M. Jamshedpur alleging inter alia that she was married to petitioner No. 2 Ravi Shankar Roy on 4-3-88 and after marriage she was subjected to assault and torture on account of demand of dowry as the same was not fulfilled. It was further alleged that due to sporadic torture and physical assault, miscarriage of the pregnancy was caused twice and during the period of gestation of pregnancy, the accused husband cohabited against her will, as a result of which premature baby was begotten and that she was driven out along with her baby, of the house and the accused persons kept all the golden ornaments, wearing apparels and other necessary articles. The complainant therefore alleged that the petitioners who are the accused persons committed offence under Sections 498-A, 406, 313, 506,109/ 34 of the I.P.C. read with Sections 3/4 of Dowry Prohibition Act.

(3.) The complaint petition was sent to the concerned police station and accordingly a case was instituted being Sakchi P. S. case No. 263 of 1991 and after investigation police submitted charge-sheet. Consequently, cognizance of the offence was taken and the case was committed to the Court of Session.