GOPI MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application has been preferred by the petitioners challenging the common judgment dated 19.06.2013 passed in criminal appeal no. 15 of 2012 and 11 of 2012, by the learned Principal Sessions Judge, Dumka whereby the learned appellate court dismissed both the appeals affirming the judgment of conviction and order of sentence, both dated 07.02.2012 passed by the learned Judicial Magistrate, 1 Class, Dumka in G.R. No. 36 of 2010, whereby the petitioners have been convicted for the offence under Section 498A IPC and awarded R.I. for two years and fine of Rs. 2000/- each and in case of default in payment of fine, further R.I. for two months.

(2.) The prosecution case is based upon the written report by one Yamuna Devi before the officer-in-charge, P.S.-Masalia on 08.01.2010 alleging inter alia that her marriage was solemnized with petitioner no. 1 on 15.08.2009 as per hindu rites and customs and at the time of marriage her parents gave a sum of Rs. 25,000/- and other valuable items. It has further been alleged that the informant lived at her Sasural sometime peacefully but thereafter, the petitioner no. 1 along with other petitioners started demanding dowry in the form of motorcycle etc. and she was subjected to torture. It has further been alleged that on 14.09.2009 even a Panchayati was held between the parties and after that she again went to her Sasural but again quarrel started and she was dragged out of her house. On the basis of the written report police instituted a case being Masalia P.S. Case No. 03 of 2010 under Section 498A/379/34 IPC and under Section 3/4 of Dowry Prohibition Act and after investigation police submitted the charge-sheet under Section 498/34 IPC. The cognizance was taken and the charges were framed against the petitioners under Section 498A IPC.

(3.) Based upon the evidence laid before him, the learned trial court convicted the petitioners and sentenced them as discussed hereinabove. Being aggrieved, the petitioners challenged the order of learned trial court before the learned Principal Sessions Judge, Dumka who has affirmed the judgment of conviction as well as order of sentence.