ASHOK SAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 19.07.2017 and order of sentence dated 21.07.2017 passed by the learned Sessions Judge, Simdega in Sessions Trial No. 139 of 2012, whereby the appellant has been convicted under Sections 342, 307 and 498(A) of I.P.C. and sentenced to undergo R.I. for a period of one year under Section 342 of I.P.C., R.I. for a period of five years with fine of Rs.2,000/- under Section 307 of I.P.C. and R.I. for a period of two years with fine of Rs.2,000/- under Section 498(A) of I.P.C. and in default of payment of fine, to undergo further S.I of two months under each Section. However, all sentences have been ordered to run concurrently.

(2.) The case of the prosecution on the basis of the written report of the informant/respondent no.2-Smt. Sarita Paikra filed on 08.03.2012 is that the appellant performed court marriage with her on 27.08.2010 having marriage certificate no. 21/2010. After few days of marriage, the appellant and her in-laws started torturing her for demand of dowry of Rs.3,00,000/- and on non-fulfillment of the same, she was ousted from her matrimonial home. The informant lodged a complaint in the court of the Chief Judicial Magistrate, Simdega being Complaint Case no. 54 of 2011 on 21.06.2011 and the matter was settled before the District Judge in the month of September, 2011 as the appellant agreed to take her back to the matrimonial home. However, he took her on motorcycle and on way, he got her down and fled away. On 08.03.2012, she came to know that the appellant was going to solemnize marriage with another lady and as such she came to her matrimonial home but she was not allowed to enter the house and the demand of dowry was again made from her by the appellant and the father-in-law. It has further been alleged that the appellant and her father-in-law caught her hair and thrashed her on the ground, then the appellant started pressing her neck with an intention to kill and also assaulted her with stone as a result of which blood started oozing from her head. In the meantime when she raised alarm, the nearby people i.e., Anant Sai and Rambrij Sai came there and rescued her from further assault.

(3.) On the basis of the written report of the respondent no. 2, an FIR being Kurdeg P.S Case No. 12 of 2012 was registered against the appellant and his father. After investigation, the police submitted the chargesheet under Sections 342/307/498A of IPC and section 3/4 of the Dowry Prohibition Act. Thereafter charge was framed against the appellant and his father under Sections 342/307/498A of the IPC and Section 3/4 of Dowry Prohibition Act and were tried accordingly.