MANOJ KUMAR UPADHYAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Mukesh Kumar, learned counsel for the petitioners and Mr K. L. Ojha, learned counsel appearing for the opposite party No. 2.

(2.) This application is directed against the judgment dtd. 13/3/2008 passed in Criminal Appeal No. 36 of 2007 by learned Sessions Judge, Jamtara, Hazaribagh, whereby and whereunder, and the judgment of conviction and sentence dtd. 12/6/2007 passed by learned Judicial Magistrate, Jamtara in P.C.R. Case No. 388 of 2003 (T.R. No. 1439 of 2007), convicting the petitioners for the offence punishable u/s 498A of the Indian Penal Code (I.P.C.) has been affirmed, whereas the sentence has been modified by reducing it from 03 years R.I. to 2 Â 1/2 years.

(3.) The prosecution story in brief is that the complainant was married with the petitioner No. 1 on 23/4/2003. It has been alleged that after the marriage there was a demand of Rs.60,000.00 and on account of non-fulfillment of the said demand, the complainant was ousted from her matrimonial house. A Panchayat was held on 29/10/2003 and the complainant was taken back to her matrimonial house on the assurance that she will be property treated. Further allegation has been levelled that the complainant was once again subjected to cruelty and she was forced leave her matrimonial house. Based on the aforesaid allegation P.C.R. Case No. 388 of 2003 was instituted in which after conducting an enquiry cognizance was taken and subsequent thereto charge was framed u/s 498A I.P.C. to which the accused persons pleaded not guilty and claimed to be tried.