KALI PADA MAHATO Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the Judgment of Conviction dated 20th December, 2006 and Order of sentence dated 21st December, 2006 passed by the learned Additional District & Sessions Judge, Fast Track Court No.6, Jamshedpur in Sessions Trial No.354 of 1999, whereby the appellant was found guilty and convicted for offence under Section 498A of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for 3 (three) years with a fine of Rs. 2000/- (Rupees Two Thousand) and in the event of default in payment of fine the appellant was sentenced to undergo additional simple imprisonment for a period of 6 (six) months.

(2.) The prosecution case arises out of the fardbeyan of the informant Madhu Mahato dated 09.07.1998, wherein it is stated that the deceased (Rudan Mahtain) was married with the appellant five years ago. The appellant, after lapse of one year from marriage, started demanding a sum of Rs. 10,000/- (Rupees Ten Thousand) from the deceased for purposes of doing business. The deceased came to the informant and his father and demanded Rs. 10,000/- (Rupees Ten Thousand) and told that her husband assaults and tortures her for money. As the informant was not having money, he could not fulfill the demand and the deceased went back to her husband. It is stated that the deceased had come for 5 (five) times for money and also told about the assaults and torture meted out to her by the appellant. Informant further states that about a year ago when the deceased was assaulted by her husband (appellant), she fled away and took shelter in the house of her aunt (mousi Pio Mahtain) and later on the informant was informed about the same by his cousin (Bhondu Mahto). Upon such information, informant had gone to his brother-in-law (appellant) and took him to the house of his aunt (Mousi) whereafter her sister went with him (appellant). On 18.06.1998, informant got an information that her sister is ill. When he went to her matrimonial house, informant came to know that his sister has been killed at 09.00 a.m. in the morning.

(3.) On the basis of the aforesaid fardbeyan, Kamalpur Police Station Case No.38 of 1998 was instituted for offences under Sections 306/498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act as against the appellant and his mother. Police after, investigation had submitted chargesheet whereafter cognizance was taken and case was committed to the Court of Sessions.