TABISH ANWAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Shailendra Jit, learned counsel for the petitioner and Mr. Shekhar Sinha, learned APP appearing for the State.

(2.) This application is directed against the judgment dated 07.06.2008 passed in Criminal Appeal No. 70 of 2005 by learned Additional Sessions Judge, F.T.C. III, Hazaribagh, whereby and whereunder, the judgment and order of conviction and sentence dated 16.04.2005 passed by learned Sub Divisional Judicial Magistrate, Hazaribagh in Complaint Case No. 195 of 2000 (T.R. No. 114 of 2005), convicting the petitioner for the offences punishable u/s 498A of the Indian Penal Code (I.P.C.) and sentencing him to undergo R.I. for 02 years has been affirmed.

(3.) The prosecution story in brief is that the complainant was married with the petitioner on 16.08.1997 as per Muslim rites and customs. It has been alleged that the petitioner and the complainant were having a love affair prior to the marriage. The parents and family members of the petitioner were demanding Rs. 50,000/- and a scooter as dowry but the parents of the complainant were not ready and after marriage on refusal of the in-laws of the complainant to allow her to stay in her matrimonial house, they took a house on rent and started residing there. It has further been alleged that after 20-25 days, the in-laws of the complainant became ready and she started residing in her matrimonial house, where she stayed for about 5-6 days. On account of non-fulfillment of demand of Rs. 50,000/- and a scooter, the complainant was ousted from her matrimonial house on 31.01.1999 and since then she started residing at her parents' house. Based on the aforesaid allegation Complaint Case No. 195 of 2000 was instituted in which after cognizance was taken charge was framed u/s 498A I.P.C. and u/s 4 of the Dowry Prohibition Act and trial proceeded.