IMPORTANT POINT
The judgment establishes that under Section 498A IPC, the prosecution must provide clear evidence of cruelty and specific allegations against the accused, and that corroborative evidence is essential for a conviction.

JUDGMENT :

PRADEEP KUMAR SRIVASTAVA, J.

1. Heard the learned counsel for the petitioner and the learned APP for State. In spite of valid personal service of notice, opposite party no.2 did not turn up to contest this case and it is reported that she has been remarried with one Ashok Thakur of village Manjhaladih, Badki P.S. Dumri.

2. The instant criminal revision is directed against the Judgment dated 15.12.2015 passed in Criminal Appeal No 51 of 2009 by learned District and Additional Sessions Judge-II, Giridih, whereby and whereunder while dismissing the appeal, Judgment of conviction and order of sentence dated 02.06.2009 passed in Bagodar P.S. Case No. 43 of 2002 corresponding to G.R. No. 351 of 2002 (T.R. Case No. 103 of 2009) by learned Sub Divisional Judicial Magistrate, Giridih for the offence under Section 498A of the Indian Penal Code and sentence passed against petitioner to undergo R.I. for two years along with fine of Rs. 3,000/-with default stipulation has been confirmed.

3. Factual matrix giving rise to this appeal is that informant Binda Devi was married with the present petitioner on 10.03.1999 in accordance with Hindu rites and customs. It is alleged that at the time of marriage cash, jewelries and other articles worth Rs. 75,000/-to Rs. 80,000/-were presented by the father of the informant and she went to her matrimonial home. It is further alleged that on 21/22.9.1999 on the occasion of Karma festival the present petitioner (husband) raised a demand of Rs. 28000/-for going to Bombay and work there and asked the informant to bring the above money from her parents in the name of Karma Puja. Informant was forced and compelled to fulfill above demand and was being physically and mentally harassed and tortured. Thereafter, informant called upon her father who along with his friends arrived at the matrimonial home of the informant on 24.09.1999 and negotiated the matter and expressed his inability to fulfill the said demand, thereafter her husband left talking with her. Again in the year 1999 after Diwali festival the informant was brutally assaulted and called as daain and tortured and harassed in various ways by calling Ojha and Guni. She was compelled to lay on a cot with tying her hands and legs and below the cot a mud pot containing fire known as “Borsi” by which chilli and mustard smoke was also given to her. She was put in a door closed room due to which she became unconscious. Ultimately in the year 2000, on the occasion of Makarsakranti informant’s father came to her matrimonial home and seeing the miserable condition of the informant, very politely requested to her husband, in-laws and others to keep her with dignity but her father was also dashed and slapped and she was driven away from the matrimonial home and forced to go her parental home with her father. Thereafter, father of the informant attempted to convene a Panchayat for amicable settlement but no fruitful result was yield rather her husband was adamant to perform second marriage. Last Panchayat was held on 30.11.2001 at Village Bagado but they declined to keep her, hence, informant was compelled to lodge a complaint before the Court of Chief Judicial Magistrate, Giridih which was sent to concerned police station under Section 156(3) Cr.P.C. and FIR was registered. After completion of trial, the learned trial court has held the petitioner guilty for the offence under Section 498 A IPC and sentenced to undergo imprisonment and fine as stated above which was assailed in the Criminal Appeal before the learned Sessions Judge, which has also been dismissed and the same is assailed in this revision.

4. Learned counsel for the petitioner has assailed the concurrent findings of the learned court below on following main grounds:-

(i) The learned court below has failed to consider that petitioner has been acquitted from other charges except for the charge under Section 498(A) IPC and there is no allegation with regard to cruelty against the informant at the h