PATNA, India, Oct. 24 -- Patna High Court issued the following judgment on Sept. 24:

By this appeal, appellant/convicted accused Santosh Kumar Sah is challenging the judgment of conviction and order of sentence dated 11.11.2003, passed by the Sri Ravindra Prakash Sinha, learned Additional Sessions Judge-III, Katihar, in Sessions Trial No.254 of 1993, arising out of Katihar Police Station Case No.147 of 1993, thereby convicting him the imprisonment for two years for the offence punishable under Section 498A of the Indian Penal Code.

2. The case of the prosecution, as unfolded by the First Information Report, may, in brief, be described as under:

(i). The Informant, Shyam Nand Sah, delivered his fardbeyan to police on 30.01.1993, at about 11.30 AM, at the Darwaja of the house of accused Baijnath Sah at Patel Chauk, stating that his daughter Bijali @ Benita, aged about 20 years, married with accused Santosh Kumar Sah S/o. accused Baidnath Sah in March, 1991 and gave presentations to his son-in-law and daughter according to his capacity. But the accused persons used to demand something all the times. Accused Santosh Kumar Sah, the son-in-law of the informant, whenever visited to his sasural at Sonaili, demanded motorcycle but the informant tried to convince him that he is not in a position to give motorcycle nor he agreed to do so at the time of marriage. This annoyed his son-in-law, accused Santosh Kr. Sah, and since then accused persons started torturing his daughter and she always complained about the torture and harassment whenever she arrived to her parents' house. The brother of the deceased visited the Sasural of her daughter on 28.01.1993 at Patel Chawk, on that day also the deceased expressed displeasure towards Sasural people. The informant further stated that Bhola, a tea seller, informed him that his son-in-law asked him to informed him (informant) that his daughter is serious. Thereafter, they visited the P.O. and saw injury on the forehead of her daughter and swelling around her neck and abrasion near the neck and ear. (ii). The fardbeyan of informant (PW 2) was recorded by police, treating the same as First Information Report, Katihar P.S. Case No.147 of 1993, under Sections 302/304B/34 of the Indian Penal Code, was registered on 30.01.1993 against two accused persons including the present appellant.

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