RONGON MUKHOPADHYAY,J. - (1.) Heard Mr. Anurag Kashyap, learned counsel for the petitioner and Mr. V.K. Gupta, learned A.P.P. for the State. No one appears on behalf of the opposite party no. 2.
(2.) This application is directed against the judgment dated 05.08.2002 passed by the learned Additional Sessions Judge, IInd, Fast Track Court, Giridih in Cr. Appeal no. 51 of 2000 whereby and whereunder the judgment and order of conviction and sentence dated 04.09.2000 passed by the learned Judicial Magistrate, 1st Class, Giridih in Complaint Case No. 318 of 1995 (T.R. No. 243 of 2000) convicting the petitioner for the offences punishable under section 498(A) and 494 of the Indian Penal Code and sentencing him to undergo R.I. for 2 years has been affirmed.
(3.) A complaint case was instituted by the opposite party no. 2 wherein it was alleged that her marriage was solemnized with the petitioner in the year 1990 according to Hindu rites and customs. She has alleged that she lived peacefully in her matrimonial house for about two and a half years and after that a demand of Rs. 30,000/- and a motorcycle started. On refusal she was subjected to mental and physical torture. It has also been alleged that a Panchayati was held twice and even though her in-laws had undertaken in the Panchayat to keep her properly but on 05.06.1995 she was ousted from her matrimonial house after assaulting her. Further allegation has been levelled that the petitioner had subsequently performed a second marriage.;