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2017 DIGILAW 372 (JHR)

Birbal Mandal, S/o Sitaram Mandal v. State of Jharkhand

2017-02-22

RONGON MUKHOPADHYAY

body2017
JUDGMENT : 1. This application is directed against the judgment dated 22.07.1997 passed by the learned Sessions Judge, Deoghar in Cr. Appeal no. 45 of 1995, whereby and whereunder the judgment and order of conviction and sentence dated 17.07.1995 passed by the learned Judicial Magistrate, 1st Class, Deoghar in G.R. No. 149 of 1993 (T.R. No. 363 of 1995), convicting the petitioner for the offence punishable u/s 498A of the I.P.C. has been affirmed by modifying the sentence and reducing the same to R.I. for six months. 2. The First Information Report was instituted by the father of the victim girl on the allegation that her marriage was solemnized with the petitioner on 11.05.1992 after which she was subjected to torture on account of non-fulfillment of the demand of dowry and subsequently on 10/11.02.1993 the victim was driven out from her matrimonial house. Based on the aforesaid allegation Sarwa Sonaraithari P.S. Case No. 10 of 1993 was instituted. Investigation resulted in submission of charge-sheet and after cognizance was taken trial proceeded and the prosecution having been able to prove its case beyond all reasonable doubts, the petitioners were convicted for the offence punishable u/s 498A of the Indian Penal Code and were sentenced to undergo R.I. for three years. An appeal was preferred by the petitioners being Cr. Appeal no. 45 of 1995 which was also dismissed by the learned Sessions Judge, Deoghar but the sentence awarded to the petitioners was modified by reducing it to six months R.I. 3. It appears that the petitioner and two other accused had faced trial and were convicted. The present application has been preferred by the petitioner only. 4. In course of trial four witnesses were examined on behalf of the prosecution. P.W.1 Bhagirath Mandal has stated that on 12.02.1993 the victim girl had come to his house in a disturbed condition and on being enquired she had narrated about the entire incident before him. This witness also stated that a Panchayati was held but the accused persons did not agree to the decision of the Panchayati, resulting in institution of the First Information Report. P.W.2 is the informant and is also the father of the victim girl who had stated about the torture committed upon his daughter. P.W.3 Chhabi Devi is the victim who has stated about the consistent torture meted out to her for non-fulfillment of the demand of dowry. P.W.2 is the informant and is also the father of the victim girl who had stated about the torture committed upon his daughter. P.W.3 Chhabi Devi is the victim who has stated about the consistent torture meted out to her for non-fulfillment of the demand of dowry. P.W.4 Sohan Mandal has stated about the marriage of P.W.3 with the petitioner and the holding of a Panchayati for resolving the dispute between the parties. The witnesses thus have consistently stated about the demand of dowry and the torture meted out to the victim on account of such non-fulfillment of dowry. The learned trial court had rightly convicted the petitioners for the offence punishable u/s 498A of the Indian Penal Code which was also affirmed by the learned appellate court. The learned appellate court had reduced the sentence to six months R.I. 5. Although, I am not inclined to interfere in the judgment of conviction but in view of the fact that both the parties are staying separately and have remarried and since the petitioner has for some time remained in custody, in the interest of justice the period of sentence awarded to the petitioner is modified to the period already undergone. 6. This application stands dismissed with the aforesaid modification in sentence.