SAMAUL SK. Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Hena Bibi, respondent No.2/complainant claimed to be the legally married wife of the appellant, the marriage having been solemnised on 8.2.2000 as per Muslim customs and rites. It may be noticed that the appellant was already married to one Mastra Bibi and he apparently had illicit relationship with respondent No.2, which culminated in their marriage. The two parties are stated to have lived as husband and wife in the house of the appellant for about a year and a half and two children were born out of the said marriage.

(2.) It is the case of respondent No.2 that on the instigation of the first wife, the appellant started mental and physical torture and made demands of dowry and respondent No.2 had to ultimately go back to her parents' house. It may be noticed that during this period that respondent No.2 conceived for the second time. It is not necessary to go into more details but suffice to say that the alleged demand of dowry resulted in PCR No.310 of 2006 being lodged in the Court of Sub Divisional Judicial Magistrate (for short 'SDJM'), Pakur for offences under Section 498A of the Indian Penal Code, 1860.

(3.) The case went to trial and in terms of the judgment of the SDJM, Pakur dated 30.1.2014, the appellant was held guilty and sentenced to three years of rigorous imprisonment with a fine of Rs.10,000/- and in case of failure to pay the fine, the appellant was directed to undergo further sentence of six months. The appellant preferred Criminal Appeal No. 07/2014 against the judgment of the SDJM which was dismissed vide judgment dated 02.09.2014 by the Principal District and Sessions Judge, Pakur.