PRADEEP KUMAR MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Appeal has been preferred against the judgment of conviction dated 12.01.2004 and order of sentence, dated 14.01.2004, passed by learned Additional Sessions Judge, Fast Track Court No. II, Chaibasa, in Sessions Trial No. 105 of 2001, whereby the sole appellant has been convicted for the offence committed and punishable under Sections 498 A and 323 of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act and has been awarded rigorous imprisonment for two years under Section 498 A of the Indian Penal Code with a fine of Rs. 2,000/- and in default of payment of fine amount, to undergo rigorous imprisonment for six months, appellant has been further awarded rigorous imprisonment for one year for the offence under Section 323 of the Indian Penal Code and also rigorous imprisonment for six months under Section 4 of the Dowry Prohibition Act with a fine of Rs. 1000/- and in default of payment of fine, to undergo rigorous imprisonment for two months. All these sentences are directed to run concurrently.

(2.) The prosecution case is based upon a complaint petition filed by Smt. Sunita Mandal, wife of the appellant before the learned Chief Judicial Magistrate at Chaibasa on 14.01.1999, which was registered as C/1 Case No. 2 of 1999, against Pradeep Mandal and other relatives, alleging the date of occurrence as December, 1997 and onwards. The said complaint petition was sent under Section 156 (3) Cr.P.C. to the Officer-in-Charge, Chaibasa, Sadar P.S. through S.P., Singhbhum West to institute a case and investigate vide order of the learned C.J.M., Chaibasa dated 25.01.1999. The complainant has stated that her marriage was solemnized with the accused/appellant Pradeep Kumar Mandal on 26.01997 at Chaibasa according to Hindu religion which was an arranged marriage. At the time of marriage, the father of the complainant has given the articles mentioned in the Schedule below to the complaint petition, as marriage gifts and a sum of Rs. 75,000/- cash to the father of the appellant. Thereafter, the complainant was taken to her matrimonial home at Hume Pipe Basti, Near Kali Mandir, in the town of Jamshedpur along with the articles mentioned in the schedule below. Soon after the complainant went to her matrimonial home, the accused persons started saying that the articles given to her by her father are not sufficient and up to their standard and thus, they have started demanding a colour television and a fridge and asked the complainant to demand those articles from her father. The complainant was knowing that her father is a retired government servant and could not meet the demands of the accused persons, therefore, the complainant kept mum and tolerated all inhuman torture given to her by the accused persons.

(3.) On the basis of the complaint petition of the complainant, and upon direction of the learned C.J.M., Chaibasa exercising power under Section 156 (3) Cr.P.C., police has registered Sadar P.S. Case No. 21 of 1999, dated 104.1999, under Sections 498 (A), 307, 406/34 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act.