MD. FARUQE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Revision is directed against the judgment and order dtd. 10/3/2015 passed by Shri Pankaj Kumar-II, the learned District and Additional Sessions Judge-III, Godda passed in Criminal Appeal Nos. 52 of 2014 and 26 of 2014, whereby and whereunder, learned Additional Sessions Judge-III, Godda has modified the sentence imposed upon the petitioner for the offence under Sec. 498A of IPC from R.I. of 2 years to R.I. 1 year along with fine and default stipulation.

(2.) The prosecution story as depicted in the FIR arising out of complaint lodged by the complainant Bibi Jubeda Khatoon is that the prosecutrix was married with the present petitioner in accordance with Muslim rites and customs and she blessed with one son. It is further alleged that just after few days of marriage, the present petitioner and in-laws of the prosecutrix started subjecting her to cruelty both physically and mentally due to non-fulfillment 2 Criminal Revision No.671 of 2015 of additional dowry of Rs.40,000.00 cash and one Hero Honda Motrocycle and ousted her from matrimonial home. It is further alleged that the villagers attempted to pacify and settle the dispute in pursuance of which present petitioner came to his Sasural on 16/1/2005 and stayed in the night after taking dinner. At about 11:00 hours, the prosecutrix and the present petitioner went to sleep in a separate room then the petitioner aged her mouth by putting cloths and started assaulting brutally. In the meanwhile, other family members woke up then present petitioner opened the door and went out of the room with threatening of dire consequences to the prosecutrix and her family members. The prosecutrix got primary aid at Mahgema and thereafter she went to police station but was advised to lodge the case in the court. Hence, the complaint case was lodged, which was sent by the concerned court under Sec. 156(3) of Cr.PC for registration and investigation of the case and the same was registered as Mohagama P.S. Case No.23 of 2005.

(3.) After completion of investigation, charge-sheet was submitted against the petitioner along with six others who happens to be close relatives of the petitioner for the offences under Sec. 498A and 406 of IPC and Ss. 3/4 of D.P. Act. After hearing, the charge under Sec. 498A read with Sec. 34 of IPC alone was framed against all accused persons.