ISMAIL MIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) SOLE appellant Ismail Mian stands convicted for the offence punishable under Sec. 498 -A of the Indian Penal Code and sentenced to serve rigorous imprisonment for two and half years, by the 1st Additional Sessions Judge, Fast Track Court, Giridih in Sessions Trial No. 205 of 1989 Tr. No. 9 of 2002.

(2.) BRIEF facts leading to this appeal are that the Officer -in -Charge of Hirodih Police Station within the district of Giridih registered Hirodih Police Station U.D. Case No. 2 of 1988 on 22.6.1988 on being informed by the appellant that his wife was found dead in a well situated in village Dhodho.

(3.) THE present appeal has been preferred mainly on the grounds that the learned trial Court while acquitting all the accused persons from all charges held the appellant guilty under Sec. 498 -A of the Indian Penal Code. In this context, Mr. S.K. Ughal, learned Counsel for the appellant, submitted that when the story of prosecution was not believed in major portion, the demand for dowry and subsequent torture upon the deceased fails. It is further submitted that the learned trial Court has accepted the prosecution story that Rs. 2,000.00 was demanded by the appellant without any basis, as the witnesses have failed to prove any panchayati in this context. My attention was drawn towards the admission of the witnesses that they had no personal knowledge about the dowry demands and only probable witness Jaitun Khatoon has not been produced before the trial Court. It is also submitted that the informant has not been examined and in absence of any medical report that Sarima Khatoon has died because of any injury on her body, the allegation of dowry demands are falsified.