RAKESH KUMAR RAJAK Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application is directed against the judgment dated 11.06.2014 passed by the learned Sessions Judge, Bokaro in Criminal Appeal No. 167 of 2013, whereby the appeal preferred by the petitioner along with the other co-convicts has been partly allowed to the extent that the judgment of conviction and order of sentence dated 26.09.2013, passed by the learned Sub Divisional Judicial Magistrate, Bokaro in C.P Case No. 421 of 2008 (T.R. No. 303/2013) whereby the petitioner has been convicted under Section 323, 341 and 498A of the I.P.C. and has been sentenced to undergo R.I. for two years and fine of Rs.3,000/- under Section 498A IPC along with other co-accused, the other co-accused were acquitted by the learned appellate Court but the conviction and sentence order against the petitioner has been sustained.

(2.) The prosecution case, in brief, is that just after few months of the marriage there was demand of dowry and even when the complainant was pregnant no proper medical treatment was done and she was subjected to cruelty by the petitioner along with the other co-accused who were acquitted by the learned appellate Court.

(3.) Learned counsel for the petitioner vehemently submits that the instant case has been filed by the complainant as a counter blast because the petitioner has filed a petition under Section 9 of the Hindu Marriage Act and from the deposition of the complainant it clearly transpires that just after receiving the notice from the court, the instant complaint case was filed. He further submits that the said case filed under Section 9 of the Hindu Marriage Act was awarded in his favour, but it is only complainant who never wanted to live with the petitioner on the pretext of dowry etc. He further submits that he has been falsely implicated in this case for the obvious reason that the complainant never wanted to live with him.