NANDO NAYAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. R.C.P. Sah, learned counsel appearing for the petitioner and learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 26.07.2005 passed by the learned Sessions Judge, Seraikella-Kharswan in Criminal Appeal No. 07 of 2004 whereby and where-under the judgment and order of conviction and sentence dated 16.04.2004 passed by the learned Sub Divisional Judicial Magistrate, Seraikella in Adityapur P.S. Case No. 30 of 2000 by which the petitioner has been convicted for the offence under Section 498A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years and fine of Rs. 5,000/- has been affirmed.

(3.) The prosecution story in brief is that the informant had solemnized love marriage with the petitioner after which she became pregnant. It is alleged that the petitioner wanted the informant to abort the child but the informant refused. It has also been alleged that the informant wanted the petitioner to take her to his house but the petitioner demanded Rs. 50,000/- as dowry as a condition to accept the informant. It has been stated that Panchayati was held but the accused did not obey the dictum of the Panchayat for which the petitioner was ostracized by the society. Allegation has also been levelled that the relatives of the petitioner by conspiring had solemnized the second marriage of the petitioner with one Kanko daughter of Purushottam Nayak.