ANAND DUTTA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This revision is directed against the judgment dated 26th June, 2012 passed in Criminal Appeal No.45 of 2011 passed by the then Sessions Judge, Bokaro.

(2.) The short fact relating to this case is that initially on the basis of written report of Chas (M) P.S. Case No.72 of 2007 registered under Section 498-A of the I.P.C. and Section 3 / 4 of the Dowry Prohibition Act against the accused persons. After investigation charge-sheet was submitted and after taking cognizance charges were explained. After conclusion of the trial, the Court of S.D.J.M., Bokaro passed the order of conviction against the accused/opposite parties no.2 to 8 and sentenced them to undergo three years rigorous imprisonment and fine of Rs.2000/- for the offence punishable under Section 498-A / 34 I.P.C. and in default of payment of fine further sentenced to undergo six months simple imprisonment. They were also sentenced to undergo six months rigorous imprisonment and fine of Rs.1000/- each for the offence punishable under Section 4 of the Dowry Prohibition Act and in default of payment of fine further sentenced to undergo three months simple imprisonment with direction that all the sentences shall run concurrently.

(3.) Opposite Parties No.2 to 8 aggrieved by the judgment of conviction and sentence challenged in the appeal before the court of Sessions Judge, Bokaro which was numbered as Criminal Appeal No.45 of 2011. After considering the materials available on record, the appellate court held that prosecution has failed to prove its case beyond the shadow of all reasonable and probable doubts. Resultantly, the appellants/accused persons were given benefit of doubt while allowing the appeal, the judgment of conviction and sentences were set aside.