- (1.) Appellant Falguni Pradhan and his parents stand convicted for the offence under Section 498A of the Indian Penal Code and each sentenced to serve rigorous imprisonment for one year while appellant Falguni Pradhan stands further convicted for the offence under Section 493 of the Indian Penal Code and sentenced to serve rigorous imprisonment for five years, by the 3rd Additional Sessions Judge, Chaibasa in Sessions Trial No. 37 of 1991.
(2.) Brief facts leading to their conviction are that Tapaswani Pradhan and appellant Falguni Pradhan have got their houses in front of each other situated in Mauza- Kochra, Police Station-Hat Gamariya. Further stated that appellant Falguni Mahto developed intimacy with Tapaswani Pradhan and on assurance of marrying her, they started cohabitation. It is further stated that on 5-7-1987, appellant Falguni Pradhan took her to Noamundi temple and performed the exchange of garlands putting vermilion on her head in presence of priest. Thereafter Tapaswani Pradhan believing that she was legally married with appellant Falguni Pradhan starting living as man and wife. This resulted in her conceiving, after which appellant Falguni Pradhan started neglecting her. The matter was brought to the notice of the families and thereafter village Panchayat was held on 6-12-1987. According to village Panchayat decision, Tapaswani Pradhan was sent to live in the house of the appellants. However, they started ill-treating her and refused to accept her in the household, which resulted in initiation of the notices and finally the present complaint case. Tapaswani Pradhan has alleged that she was induced to cohabit with appellant Falguni Pradhan on the pretext that she was married with him. It is also asserted that other appellants have ill-treated her and demanded money. According to Tapaswani Pradhan, she was forced to abort also. The complaint petition was sent to O.C. Jhinkpani by learned Chief Judicial Magistrate, Chaibasa for registration of case and investigation under Section 156 (3) of the Code of Criminal Procedure, on which Jhinkpani Police Station Case No. 4 of 1989 dated 21-1-1989 was registered. The police investigated the case and finally submitted charge sheet under Sections 493, 498A and 313/34 of the Indian Penal Code against the five accused persons. The trial Court after examining the witnesses found and held only appellant Falguni Pradhan and his parents guilty for the offence under Section 498A of the Indian Penal Code and appellant Falguni Pradhan was further found and held guilty for the offence under Section 493 of the Indian Penal Code, acquitting all the accused persons from the charge under Section 313/34 of the Indian Penal Code and others from all charges. The defence of the appellant throughout was that no such relationship existed or continued. It has been asserted that Tapaswani Pradhan was being forced upon appellant Falguni Pradhan without any such relation.
(3.) The present appeal has been preferred on the grounds that the learned lower Court has committed mistake by believing the prosecution version. According to this memo of appeal, there is no positive evidence that any marriage took place between the appellant No. 1 and the complainant. Therefore, the question that she has actually cohabited on false pretext is false. It is further asserted that once the marriage itself becomes doubtful, the question of her being treated cruelly for non-fulfilment of dowry demands also becomes doubtful. The memo of appeal further mentions that once the story of conceivement and abortion has not been believed, the whole story becomes doubtful. According to this memo of appeal, the evidence of P.W. 9 along with contradictory statement made by P.W. 10, the complainant no case is made out. The memo of appeal further questions the institution of the case on the direction of the learned Magistrate after examining the complainant.;