RONGON MUKHOPADHYAY,J. - (1.) Heard Mr. H.K. Shikarwar, learned counsel, appearing for the petitioner and Mr. Shekhar Sinha, learned A.P.P. for the State.
(2.) This application is directed against the judgment dated 22.11.2005 passed in Criminal Appeal No. 34 of 2005 by learned Additional Sessions Judge, F.T.C. No. III, Hazaribagh, whereby and where-under, the judgment of conviction and the order of sentence dated 17.02.2005 passed by learned Sub Divisional Judicial Magistrate, Hazaribagh, in Complaint Case No. 624 of 2002 (T.R. No. 526 of of 2005), convicting the petitioners for the offences punishable under section 498A I.P.C. and sentencing them to undergo imprisonment for 02 years and also to pay fine amounting to Rs. 5,000/- each, has been affirmed.
(3.) The prosecution story in brief is that the complainant was married to the petitioner No. 1 on 09.04.1999 according to Muslim rites and customs. It has been stated that after marriage the complainant started residing with the petitioner No. 1, but however after a few months of her marriage, on the instigation of petitioner No. 2 and others there was a demand of dowry made and the complainant was subjected to physical and mental torture for meeting the said demand. It has been stated that in the year 2001 the complainant gave birth to her daughter and thereafter the petitioner No. 2 and others had threatened the complainant to bring Rs. 14,000/- and a Television, otherwise she will not be allowed to stay in her matrimonial house. It was also alleged that on 10.07.2001, the petitioner No. 2 and others had poured kerosene oil on the body of the complainant but due to alarm raised by her the villagers reached there and saved her life. It is also alleged that a Panchayati was organized by Anjuman, but after few days the same thing was repeated and lastly she was forced to leave her matrimonial house on 16.05.2002 and since then she is residing in her parental house. Based on the aforesaid allegation Complaint Case No. 624 of 2002 was lodged in which after cognizance was taken for the offences punishable under section 498A I.P.C. and under section 4 of the Dowry Prohibition Act and trial proceeded.;