D.K. Sinha, J. - (1.) THIS Criminal Revision application is directed against the Judgment dated 22.3.2007 passed by Sri. Ashok Kumar Mishra, Additional Sessions Judge, F.T.C. No. III Dhanbad by which Cr. Appeal No. 62 of 1999 preferred by the petitioners was dismissed by upholding the judgment of their conviction and order of sentence recorded by Shri A.N. Dubey, Judicial Magistrate, Dhanbad on 11.5.1999 under Section 498A IPC and Section 4 of the Dowry Prohibition Act and sentence of imprisonment.
(2.) THE prosecution story in short was that the complainant -opposite party No. 2 presented a complaint case No. 179 of 1998 before the CJM, Dhanbad by narrating inter alia that she was married to the petitioner No. 1 Rustam Ali Ansari on 28.3.1985 and thereafter she was taken to her matrimonial home where she had been leading a happy married life. She alleged that after one year her husband Rustam Ali Ansari and other in -laws started demanding steel Almirah in kind and Rs. 10,000/ - In cash to be brought from her parental home on the instigation of the petitioner Israil Mian. The petitioners used to threaten to fulfill their demand lest her husband would be married to another girl from where they would fetch more money. She was assaulted by the petitioners at several occasions and used to be occasionally confined in a room without food and water. She was ultimately driven out. It was alleged that during her absence, the petitioner -husband Rustam Ali Ansari re -married to another girl in the month of October, 1988. The father of complainant tried to resolve the matter with the help and intervention of the community people but of no avail. Thereafter the complainant -wife preferred a petition under Section 125 Cr. P.C. for grant of monthly maintenance on 7.2.1989 and during pendency of such proceeding, finding no way out, she filed the complaint case which was sent for institution of police case, accordingly, Topchanchi (Hariharpur) P.S. Case No. 118 of 1989 was instituted and the Investigating Officer submitted charge sheet for the alleged offence under Sections 498A/494 of the Indian Penal Code as also under Sections 3/4 of the Dowry Prohibition Act against the appellants and another. The Learned Counsel appearing for the petitioners contended that the charge before the Judicial Magistrate was framed against the petitioners under Section 498A/494 of the Indian Penal Code as also under Sections 3/4 of the Dowry Prohibition Act but the appellants could be convicted only under Section 498A of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for two years each. They were further convicted under Section 4 of the Dowry Prohibition Act and sentenced to undergo rigorous imprisonment for three months each. Both the sentences were directed to run concurrently.
(3.) HAVING been aggrieved and dissatisfied with the judgment and order passed by the Trial Magistrate the petitioners preferred Criminal Appeal No. 62 of 1999. The Learned Counsel contended that the Appellate court without appreciation of the defence of the petitioners and ignoring that there was absolutely no material on the record held them guilty affirming the judgment of conviction and order of sentence passed against each of them. The Appellate court had jurisdiction to enter Into domain of the merit of the case by re -appraisal of the evidence adduced on behalf of the prosecution but the learned appellate court without discussing the merit and following the observation made by the Trial Magistrate, dismissed the appeal by observing that nothing could be elicited In the cross -examination of the witnesses to disbelieve the testimony of the prosecution witnesses and further held that the prosecution could be able to prove Its case. The Learned Counsel submitted that the petitioners have been highly prejudiced for the reasons that almost all the prosecution witnesses were partitioned and interested in nature and their testimony could not be scrutinized either by the trial court or by the appellate court which led to miscarriage of justice and hence the instant Cr. Revision.;