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DEEPAK ROSHAN
Lilu Mahto @ Nil Ratan Mahto – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard learned counsel for the parties.
2. Pursuant to the order dated 25.04.2022 notices were issued to the petitioners. A service report has been received indicating therein that petitioner nos. 1, 2 and 5 have died and the notices have been served upon rest of the surviving petitioners.
3. In view of the aforesaid fact, the instant application is dismissed as abated against petitioner nos. 1, 2 and 5.
4. This revision application is directed against the judgment dated 20.05.2006 passed by learned Additional Sessions Judge, FTC-VII, Hazaribagh in Cr. Appeal No. 117 of 2005; whereby the judgment of conviction and order of sentence dated 23.07.2005 passed by learned C.J.M., Hazaribagh, in T.R. No. 236/2005 (G.R. No. 904 of 2001); whereby the petitioners have been convicted for the offence under Section 498 A I.P.C. and Section 4 of the Dowry Prohibition Act, and sentenced to undergo R.I. for a period of two years and to undergo R.I. for one year, respectively and ordered the sentences to run concurrently; has been affirmed.
5. The case of the prosecution in short as per complaint filed by the complainant is that she was married to petitioner no.1 in the year 1997 and out of th
The legal sanctity of the second marriage and its implications on the applicability of Section 498A IPC and/or under Dowry Prohibition Act.
If marriage between husband and wife ended as null and void, offence under Section 498A of IPC cannot be sustained.
Validity of marriage and the definition of cruelty under Section 498-A I.P.C. were central to the court's decision.
The main legal point established in the judgment is the requirement for specific details and corroborative evidence to sustain a conviction under Section 498(A) IPC and Section 4 of Dowry Prohibition....
A null and void marriage impacts the sustainability of a conviction under Section 498-A IPC.
A second marriage that is null and void cannot attract the provisions of Section 498A IPC, and vague allegations of dowry demand do not sustain criminal proceedings.
The main legal point established in the judgment is the requirement of cogent evidence to prove charges under IPC 498A and the need for a complete chain of evidence to establish guilt beyond reasonab....
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