Deepak Roshan, J. - (1.)This revision application has been preferred challenging the judgment dated 20th January, 2014 passed by the learned Principal Sessions Judge, Pakur in Criminal Appeal No. 53 of 2012, whereby the appeal preferred by the petitioner has been dismissed and the judgment of conviction and order of sentence dated 3rd November, 2012 passed by learned Judicial Magistrate, 1st Class, Pakur in P.C.R. Case No. 323 of 2005 (T.R. Case No. 313 of 2012), whereby the petitioner was found guilty for the offence punishable under Section 498-A of the I.P.C. and was convicted for the said charge and was directed to undergo R.I. for two years with a fine of Rs. 5,000/- and in default of payment of fine was further ordered to undergo R.I. for three months, has been affirmed.
(2.)The prosecution case in brief, is that a complaint petition bearing P.C.R. No. 323 of 2005 has been filed by Talamai Marandi with an allegation that she was legally married wife of the petitioner and their marriage was solemnized 3 years ago in OR-IDI Form of marriage and at the time of marriage her father had given gold earring, silver chain, utensils and cloths and thereafter, she went to her inlaws house and led her conjugal life for about 2 years and thereafter, the petitioner along with his family members subjected her to torture with demand of Rs.10,000/- for business purpose and on refusal and non-fulfillment of said demand, the petitioner along with other family members assaulted her and drove her out by snatching all her belongings and thereafter, she started residing with her father. It is further alleged that her father went to the house of petitioner to resolve the dispute, but all in vain. On 24.09.2005 the petitioner came to the house of her father and said that he intended to bring her and thereafter, he took his minor child namely Madan Besra to the shop with intent to purchase some biscuits and accordingly he went to the shop where her brother was present. The petitioner purchased some biscuits. In the meantime, when his mother Sahasini Besra and Nanad of his mother came, petitioner handed over the minor child to her and started fleeing away, but her brother-in-law raised alarm whereupon several persons including the complainant rushed and caught hold of him and tried to take away the minor child whereupon they have assaulted the victim by fist and slap and petitioner snatched away her silver necklaces of 5 Bhar worth of Rs.600/-. Thereafter the matter was informed to Village Pradhan, who assured to call upon a Panchayat and settled the dispute, but Panchayat could not be held and finally the present complaint was filed.
(3.)On the basis of complaint made by the complainant the learned trial court took cognizance against the petitioner and 5 others, but after enquiry, charge has been framed against the petitioner only, who denied the charge and claimed to be tried.