GANESH PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) No one appears on behalf of the petitioner. However, Mr. Shekhar Sinha, learned A.P.P. and Ms. Amrita Sinha, learned counsel for the opposite party no. 2 are present. As this matter is pending since 2008 the same is being disposed of based on the materials available on record.

(2.) This application is directed against the judgment dated 08.12.2006 passed by the learned 5th Additional Sessions Judge, East Singhbhum, Jamshedpur in Cr. Appeal No. 70 of 2000 whereby and whereunder the judgment and order of conviction and sentence dated 03.04.2000 passed in Jugsalai P. S. Case No. 133 of 1996 by the learned Judicial Magistrate, 1st Class, Jamshedpur by which the petitioner has been convicted for the offences under Sections 498A and 406 of the Indian Penal Code and Sections 3/ 4 of the dowry Prohibition Act and sentenced accordingly has been affirmed.

(3.) The prosecution story in brief is that the marriage of the informant was solemnized with the petitioner in the year 1991. It has been alleged that several articles including jewellery was given and the informant was also blessed with two girl child. The allegation has been levelled that about one and half year prior to the institution of the case, the informant was asked to bring Rs. 50,000/- in cash and a colour television from her parents. On account of poverty, the parents of the informant could not fulfill the demand as a result of which she was physically and mentally tortured and was also not given proper food. It has also been alleged that she was threatened that the petitioner will divorce her and solemnize another marriage. On 03.09.1996 at about 05:00 pm all her in-laws after assaulting her and keeping the articles given in the marriage ousted her from her matrimonial home.