Criminal Appeal (SJ) No. 285 OF 1996 In the matter of an appeal under Section 374(2) of the Code of Criminal Procedure. ************ Binod Chandra, S/o Late Dwarika Prasad, resident of Mohalla-Khalasi Tola, P.S.-Alamganj (Patna City) District-Patna. ……(Appellant) Versus THE STATE OF BIHAR-------(Respondent) ************* For the Appellant : Mr. Pramod Kumar Singh, Adv. : Mr. Binod Kumar-II, Adv. For the State : Mr. Anil Kumar Singh, APP. ************** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J. 1. The appellant has been convicted under Section 498A IPC and sentenced to RI for two years by the 9th Additional Sessions Judge, Patna in S.Tr. No. 375/95 by a judgment dated 20/23.09.1996. 2. The prosecution case is that the appellant was married to the sister of the informant about nine years ago and there were constant demands of dowry and on account of non-fulfilment of the same she was tortured. The appellant had also threatened that he would get married to another girl with whom he was having an extra marital relation. On 25.03.1994 the informant received a telephonic call that his sister was dead and he went there whereupon the present case was instituted. Charges were framed under Section 302/34 IPC but the appellants were acquitted of the charges and were only convicted under Section 498A IPC. 3. The prosecution in all examined six witnesses out of whom P.W. 1 and P.W. 3 are two brothers who had gone along with P.W. 4 the informant to the house of the deceased on learning about the death. P.W. 2 is a neighbour of the informant. P.W. 5 is the Doctor who held post-mortem on the dead body whereas P.W. 6 is the Investigating Officer. 4. From the evidence of P.W. 4, I find that there was an apprehension in the mind of the deceased that the appellant was going to desert her for reasons of not bearing any child and was to perform a second marriage with the girl with whom he had extra marital relation. On the date of occurrence the deceased was found dead and all signs pointed out towards an inference that she had committed suicide. In the background of the apprehension in the mind of the deceased which had been caused by the conduct of the appellant it can certainly be concluded that the deceased had been tortured and thereafter the ingredients of Section 498A are satisfied. Holding the prosecution has been able to prove its case beyond all reasonable doubt, the conviction of the appellant u/s 498A IPC is maintained. 5. However, the period already undergone by him during trial would be sufficient in the interest of justice for the conviction. 6. In the result, the appeal is dismissed with aforesaid modification. (Anjana Prakash, J.) Patna High Court, Patna, Dated, the 16th May, 2011. NAFR/Vikash/-