KAMAL KUMAR NISHAD Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) By Court: The instant appeal arises out of judgment of conviction and order of sentence dated 20/22.1.2003 passed by learned Additional District and Sessions Judge, Fast Track Court No.IX, East Singhbhum, Jamshedpur in S.T. No. 215/94, whereby and whereunder, the appellant has been found guilty under Section 4 of the Dowry Prohibition Act and also under Section 498A of the Indian Penal Code and the appellant has been sentenced to undergo rigorous imprisonment for 6 months and fine a sum of Rs.1,000/ for an offence under Section 4 of the Dowry Prohibition Act and in default of payment of fine, he has been further sentenced to undergo simple imprisonment for 15 days. Under Section 498A of the Indian Penal Code, the appellant has been sentenced to undergo rigorous imprisonment for 2 years and fine a sum of Rs.1,000/ and in default of payment of fine further sentence to undergo simple imprisonment for a period of 15 days. However, both the sentences have been ordered to run concurrently.

(2.) The case was registered on the basis of written report dated 23.09.90 (Ext.1) of Bhagwani father of victim Kamla Bai. Bhagwani reported to police that her daughter Kamla was married to accused Kamal Kumar on 16.04.90 and she was residing at her inlaws house at Qtr. No.4, Cable Town, Nim Road, Jamshedpur. Kamla Bai used to visit her parental house and on her visit, she used to make complaint that her husband and motherinlaw were harassing her for dowry but informant used to pacify her and sent her back to her inlaws house. It was further stated by the informant that on the night of 04.09.90 Kamal Kumar came to his house laughingly informed his wife (the wife of the informant) that Kamla Bai was not in the house and that she has gone to some unknown place. He further stated that despite his repeated inquiry Kamal Kumar did not tell anything more and went away. He, the informant, made efforts to trace her and also informed the police about her missing. He waited till 23.09.90 and ultimately on 23.09.90 he went to the police station and made aforesaid complaint doubting that Kamla Bai was either murdered by Kamal Kumar Nisad and his parents Maketin Bai and Umedi Ram or she has been sold by them.

(3.) On the basis of this, complaint case was registered at Bermamines Police Station, under Section 498A of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act against the accused persons.