The essential ingredients of section 498(A) of the Indian Penal Code include wilful conduct likely to cause danger to the woman's health, and the court's decision was influenced by the interpretation of this provision provided by the Hon'ble Supreme Court.

1. Since the parties were heard at length, thus, the main revision application itself is being disposed of by this order.

2. This revision application is directed against the judgment dated 21.07.2015 passed by the Sessions Judge, Dhanbad in Criminal Appeal No. 90 of 2013, whereby he dismissed the appeal and affirmed the judgment of conviction and order of sentence passed by Judicial Magistrate, 1st Class, Dhanbad in G.R. No. 1228 of 2010, corresponding to T.R. No. 71 of 2013, whereby he convicted the petitioner under section 498(A) of the Indian Penal Code and sentenced him to undergo R.I. for two years and pay fine of Rs. 3000/- for committing the offence under section 498(A) of the Indian Penal Code and in default of payment of fine, further under go simple imprisonment S.I. for three months.

3. It is submitted by Mr. P.K. Mukhopadhyay, learned counsel for the petitioner that in the instant case, there is no material on record to show that the petitioner has committed the offence under section 498(A) of the Indian Penal Code. It is also submitted that the marriage between the petitioner and the informant has not been proved. Thus, the judgment of conviction and order of sentence passed by the learned Magistrate, which was upheld by the appellate court can not be sustained.

4. On the other hand, Mr. Arun Kumar Pandey, Addl. P.P. submits that from the evidence available on record, it is clear that the petitioner has committed offence under section 498(A) of the Indian Penal Code, because petitioner has harassed and assaulted the informant for demand of dowry. It is submitted that all the witnesses including the independent witnesses have categorically stated that the marriage between the petitioner and the informant solemnised in a temple. Under the said circumstance, marriage has also been proved. Thus, there is no illegality in the impugned judgment of courts below.

5. Having heard the submissions, I have gone through the records of the case.

6. It is alleged in the F.I.R. that the informant was in love with the petitioner and later on she became pregnant. When the aforesaid fact noticed by the family members and other villagers, a panchayat took place, and in the said panchayat, it was decided that petitioner will marry with the informant. Accordingly, they in the village temple. It is further alleged that thereafter, petitioner and his family members used to assault the informant and they threatened to drove her out from their house.

7. It appears that the prosecution had examined altogether seven witnesses in support of its case. P.W.1, 2 and 3 are independent witnesses, P.W.4 and 5 are parents of the informant. P.W.6 is the informant herself, whereas P.W.7 is the I.O.

8. From perusal of the deposition of the witnesses of fact, I find that they categorically stated that as per the decision of the panchayat, petitioner and the informant married in the village temple in presence of villagers. From perusal of their cross-examination, I find nothing on which their evidence can be thrown over board. It is worth mentioning that in rebuttal, the petitioner has not adduced any evidence. Under the aforesaid circumstance, I find that the learned courts below had rightly accepted the prosecution evidence that the informant is married wife of the petitioner.

9. Now coming to the not question raised by the learned counsel for the petitioner, I find it relevant to quote the provision of Section 498 (A) of the Indian Penal Code for better appreciation:-

"498A - Husband or relative of husband of a woman subjecting her to cruelty-Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation - For the purpose of this section "cruelty" means:-

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life