NITAI PAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Indu Shekhar Gupta, learned counsel, appearing for the petitioner and Mr. Rajnish Vardhan, learned APP for the State. No one appears for the opposite party No. 2 in spite of valid service of notice.

(2.) This application is directed against the judgment dated 21.05.2008 passed by learned Sessions Judge, Dumka in Cr. Appeal No. 83 of 2006, whereby and whereunder, the judgment of conviction and the order of sentence dated 31.07.2006 passed by learned Sub Divisional Judicial Magistrate, Dumka in G.R. Case No. 526 of 2003 (T.R. No. 1257 of 2006), convicting the petitioner for the offences punishable u/s 498A of the Indian Penal Code and sentencing him to R.I. for 02 years, has been affirmed.

(3.) The prosecution story in brief is that the informant was married with the petitioner 07 years back. It has been alleged that they did not have any issue and for that reason the informant was subjected to torture. It has been alleged that a Panchayati was held but the petitioner did not attend and ultimately the informant was compelled to stay in her parents' house. Based on the aforesaid allegation G.R. Case No. 526 of 2003 was instituted in which after investigation charge-sheet was submitted and after cognizance was taken, charge was framed u/s 498A I.P.C. to which the petitioner pleaded not guilty and claimed to be tried.