Amitav K. Gupta, J. - (1.) This Criminal Revision Application has been preferred against the judgment and order of conviction dated 20.06.2004 passed by the learned Sessions Judge, Dhanbad in Cr. Appeal No.313 of 2003, whereby the learned Sessions Judge has partly allowed the appeal of the petitioners by acquitting them from the charge of Section 4 of the Dowry of Prohibition Act while upholding the conviction under Section 498A of the IPC and sentence of R.I. for 2 years and a fine of 5000/- and in default of fine to undergo S.I for 3 months.
(2.) Brief facts of the informant's case is that the marriage between the informant/ O.P. No.2 (Sukarmani Manjhiain) and petitioner No.1 (Saheb Lal Murmu) was solemnised on 07.06.2001; that at the time of marriage, the father of the informant had given 10,000/- as cash, one cycle, silver ornaments and other household articles; that after the marriage, the informant went to her sasural and started living her conjugal life. It is alleged that during her stay in sasural, all the petitioners started demanding one Hero-Honda motorcycle and due to non-fulfilment of the said demand, the informant was subjected to cruelty and torture. It is also alleged that on the day of Vijaydashmi, the petitioners mixed poison in the food of the informant and due to consumption of the same there was abortion of her 3 months old foetus; that due to non-fulfilment of the demand, the petitioners ousted the informant from her matrimonial home. The informant instituted a C.P. Case bearing No.1288 of 2001 under Section 498A, 328, 323, 406 of the I.P.C and 3 /4 of the Dowry of Prohibition Act accordingly, cognisance was taken by the learned CJM, Dhanbad, thereafter the case was transferred to the Court of S.D.J.M., Dhanbad whereafter the case was transferred to the court of Judicial Magistrate 1st Class, Dhanbad for trial and disposal.
(3.) The Judicial Magistrate 1st Class, Dhanbad, on the basis of the evidence and material available on record, found the petitioner guilty for the offence under Sections 498Aof the IPC and 4 of the Dowry of the Prohibition Act and sentenced them to undergo R.I. for 2 years and also to pay a fine of 5000/- and in default thereof to undergo S.I for 3 months and also sentenced them to undergo R.I for 6 month and fine of 5000/- under Section 4 of the Dowry of Prohibition Act. Against the said judgment, appeal was preferred to the Sessions Judge who passed the order impugned in the present Revision Application.;