SIMTAZ KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This revision application is directed against the judgment dated 07.07.2010 passed by Additional Sessions Judge, Fast Track Court, Koderma in Cr. Appeal No.36 of 2008 affirming the judgment of conviction and order of sentence dated 11.06.2008 passed by Sub-Divisional Judicial Magistrate, Koderma in G.R. Case No.143 of 2002 Trial No.143 of 2008, whereby and where under the petitioner on being found guilty for the offence punishable under Section 498A I.P.C. was sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 1000/.

(2.) The case of the prosecution is that the informant married the petitioner as per the Muslim Rights and Rituals about four years prior to the occurrence. Sometime after her marriage, she was assaulted in connection with the demand of a T.V. and a motorcycle. Her father paid certain amount to pacify the matter. On 05.03.2002, at about 2 p.m. the petitioner took the informant near the well while assaulting her and attempted to throw her inside the well. On hue and cry being raised by the informant, she was saved. On the basis of written report submitted by the informant Jai Nagar P.S. Case No.27 of 2002 was registered for the offence punishable under section 498A/341/342/323 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act, 1961.

(3.) On submission of charge sheet, the petitioner along with her family members were put on trial. They pleaded not guilty and claimed to be tried.