- (1.) This Criminal Revision Application has been preferred against the judgment and order of conviction dated 07.06.2014 passed by the learned Additional Sessions Judge - IV, Palamau in Cr. Appeal No.96 of 2007, affirming the judgment and order of conviction dated 07.08.2007, passed by the learned Sub-divisional Judicial Magistrate, Palamau at Daltongang G.R. No.701 of 2000 corresponding to T.R. No.187 of 2007 whereby, the petitioners were sentenced to undergo R.I for two years and a fine of Rs. 500/- each for the offence under Section 498(A) of the I.P.C, to undergo R.I for six months under Section 323 of the I.P.C, to undergo R.I for six months and fine of Rs. 300/- each for the offence under Section 4 of the D.P. Act and in default to undergo additional S.I for four months.
(2.) Brief facts of the prosecution's case is that the marriage between the informant/ Jarina Bibi and Jasmuddin Ansari was solemnized in the year 1991 as per Muslim rites and custom; that her husband's behaviour was cordial towards her. At the time of marriage, her father had given gifts and in spite of that the petitioner Nos.01 to 04, who happen to be the father-in-law, Bhaisur, Gotni and Nand respectively, used to demand further dowry from her. That she was subjected to torture and cruelty due to non-fulfillment of the demand. That she informed her family members about the alleged demand and torture but due to impecunious condition her parents could not fulfill the demand due to which the petitioners used to assault her. That on 11.06.2000 when her father came to her sasural, the petitioners assaulted him with lathi and caused injuries to her father. That when she and her husband came to rescue him, they were also assaulted by the petitioners. That the petitioners entered into the house of the informant and took away the valuables and scattered the articles and after locking the house they ousted her from the matrimonial home. That the father of the informant tried to resolve the matter through a community panchayati, but the petitioners adopted a defiant stance. On the basis of information, Patan P.S. Case No.52 of 2000 was registered and after completion of investigation, the police submitted charge-sheet under Sections 498(A), 448, 380, 323, 427, 34 I.P.C and 3/ 4 of Dowry Prohibition. After taking cognizance, the learned CJM, Palamau transferred the case to the Court of learned S.D.J.M., Palamau for trial and disposal.
(3.) Learned S.D.J.M., Palamau, on the basis of the material evidence available on record, found the petitioners guilty for the offence under Sections 498A, 323 of the IPC and 4 of the D.P. Act and sentenced the petitioners to undergo R.I for two years and a fine of Rs. 500/- each for the offence under Section 498(A) of the I.P.C and to undergo R.I for six months under Section 323 of the I.P.C and also sentenced them to undergo R.I for six months and fine of Rs. 300/- each for the offence under Section 4 of the D.P. Act and in default to undergo further S.I for four months. Against the said judgment, appeal was preferred before the Additional Sessions Judge - IV, Palamau at Daogonganj, who passed the order impugned in the present Revision Application.;