MD NIYAMUDDIN ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. D.C. Mishra, learned counsel for the petitioner and Mrs. Sadhna Kumar, learned A.P.P. for the State.

(2.) This application is directed against the judgment dated 06.01.2009 passed in Criminal Appeal No. 104/2008 by the learned Sessions Judge, at Dumka (Santhal Pargana), by which the judgment and order of conviction and sentence dated 20.11.2008 passed by the learned Judicial Magistrate, 1st Class, Dumka in G.R. Case No. 200/2001 (T.R. Case No. 430 of 2008), convicting the petitioner for the offence punishable under Section 498(A) of the Indian Penal Code and sentencing him to undergo R.I. for 18 months along with a fine of Rs. 1000/- has been affirmed.

(3.) The prosecution story in brief is that the opposite party no. 2 was married with the petitioner five years prior to the date of institution of the case as per Muslim rites and customs. It has been alleged that after some time the petitioner as well as the in-laws of the opposite party no. 2 started pressurizing her to bring a milch cow worth Rs. 5000/- and when the said demand was fulfilled by the father of the informant further demands intensified as another Rs. 5000/- was demanded by the petitioner for starting his business. Since the subsequent demand could not be fulfilled from the side of the informant the informant had come back to her parents house and somehow her father had arranged Rs. 5000/- which was handed over to the accused persons for business purpose. Subsequent thereto the informant was once again tortured and a demand of Rs. 10,000/- was made. The informant came back to her parents house and on narration of the events a Panchayati was held on 21.01.2001 but the accused persons were not convinced with the decision of the Panchayati which led the informant to institute G.R. Case No. 200/2001.