PARVEZ ALAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application has been preferred by the petitioner challenging the judgment dated 29.04.2013 passed by the learned Principal Session Judge, East Singhbhum, Jamshedpur in Criminal Appeal No. 68 of 2011, whereby the appeal preferred by the petitioner was dismissed and the judgment of conviction and order of sentence, both dated 25.04.2011, passed by the learned S.D.J.M., Jamshedpur in G. R. Case No. 63 of 2004 (T. R. No. 631 of 2011) whereby the petitioner has been convicted for the offence committed under Section 498A of the Indian Penal Code and was sentenced to undergo simple imprisonment for two years and pay a fine of Rs. 5,000/- and in default of payment of fine, additional sentence for three months was imposed, has been sustained.

(2.) The prosecution case in brief is that the marriage of the informant was solemnized with the petitioner-Parvez Alam in the year 2005. After marriage, she started residing with her husband-petitioner in her in-laws' house. After sometime of marriage, her husband demanded Rs. 80,000/- from her and finally when the wife-informant was subjected to torture, the demand of Rs. 80,000/- was fulfilled. After payment of the aforesaid demand of Rs. 80,000/-, a further demand of Rs. 1,00,000/- was also made for which she was also assaulted by the accused persons and was ousted from her in-laws house. As a result she took shelter at her father's house where she was also assaulted by the accused persons.

(3.) Pursuant the aforesaid complaint made by the wife, a formal FIR was registered and the case was investigated. After investigation, the charge-sheet was submitted against the petitioner along with other six co-accused, who were the family members of the petitioner. The cognizance was taken in the matter and the accused persons pleaded not guilty and claimed to be tried.