As per case facts, the complainant alleged dowry demands and harassment after her marriage, including physical and mental cruelty by her husband and in-laws. The trial court convicted all accused ...
2026:JHHC:23876
Page 1 of 18
Cr. Revision Nos.1465 of 2016 & 23 of 2017
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1465 of 2016
---------
Sanjay Kumar @ Rajesh Kumar, Son of Late Shiv Lal Prasad, resident of
Bari Badalpur, P.O. and P.S.-Khagaul (Danapur), District-Patna, Bihar
……Petitioner
Versus
1. The State of Jharkhand
2. Sushma Devi, wife of Sri Sanjay Kumar @ Rajesh Kumar, resident of Qr.
No.204/2/7, Chhota Govindpur, P.O. and P.S.-Govindpur, Town
Jamshedpur, District-East Singhbhum
…. Opp.Parties
With
Cr. Revision No. 23 of 2017
---------
Sushma Devi, W/o-Sri Sanjay Kumar @ Rajesh Kumar, Resident of Qr.
No.204//2/7, Chhota Govindpur, P.O. and P.S.-Govindpur, Town
Jamshedpur, District-East Singhbhum
… … Petitioner
Versus
1. The State of Jharkhand
2. Sanjay Kumar @ Rajesh Kumar, S/o-Late Shivlal Prasad
3. Asha Devi, W/o-Binod Paswan
5. Binod Paswan, S/o-Shri Keshav Prasad, both resident of 27, Shapur,
Sampatchak P.O. & P.S.-Sampatckok, District-Patna
…. Opp.Parties
----------
For the Petitioner : Mr. Salona Mittal, Amicus Curiae
[In Cr. Rev. No.1465 of 2016]
Mr. J.N. Upadhyay, Advocate
[In Cr. Rev. No.23 of 2017]
For the State : Mr. Rajneesh Vardhan, A.P.P.
[In Cr. Rev. No.1465 of 2016]
Mr. Arup Dey, A.P.P.
[In Cr. Rev. No.23 of 2017]
For the O.P. No.2 : Mr. J.N. Upadhyay, Advocate
Mr. Mayank Kumar, Advocate
[In Cr. Rev. No.1465 of 2016]
---------
2026:JHHC:23876
Page 2 of 18
Cr. Revision Nos.1465 of 2016 & 23 of 2017
PRESENT
CORAM: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
ORDERS
-----------
CAV On 01/07/2026 Pronounced on 11/08/2026
1. Heard learned counsel for the parties.
2. Both the above criminal revisions are arising out of common order,
hence are being heard together and disposed of by common order.
3. It has been informed that the opposite party No.3, Ram Sakhi Devi in
Cr. Revision No.23 of 2017 has died during pendency of this revision.
This revision, therefore, stands abated so far as opposite party No.3 is
concerned. The names of above surviving opposite parties of Cr.
Revision No.23 of 2017, namely, Sanjay Kumar @ Rajesh Kumar, Asha
Devi and Binod Paswan have been renumbered and the revision is heard
on behalf of the aforesaid alive opposite parties.
4. In both the revisions, the petitioners have challenged the legality,
propriety and correctness of the conviction and sentence passed by
learned Judicial Magistrate, 1
st
Class, Jamshedpur dated 17.08.2011 in
C/1 Case No.207 of 2008, wherein the petitioner of Cr. Revision
No.1465 of 2016 and opposite party Nos.2-5 in Cr. Revision No.23 of
2017 were held guilty for the offence under section 498A of IPC and
sections 3/4 of D.P. Act and sentenced to undergo R.I. for 3 years along
with a fine of Rs.10,000/- for the offence under section 498A of IPC
and R.I. for 2 years along with a fine of Rs.5,000/- each for the offence
2026:JHHC:23876
Page 3 of 18
Cr. Revision Nos.1465 of 2016 & 23 of 2017
under sections 3/4 of D.P. Act with default stipulation. Both the
sentences were directed to run concurrently.
The convicts preferred an appeal before the learned Sessions
Judge vide Criminal Appeal No.159 of 2011, which was heard and
decided by learned Additional Sessions Judge-II, Jamshedpur vide
judgment dated 31.08.2016, whereby and whereunder the conviction
and sentence of the appellant(petitioner) in Cr. Revision No.1465 of
2016 for the offence under section 498A of IPC was set aside and
conviction and sentence for the offence under sections 3/4 of D.P. Act
was upheld and confirmed. Other co-convicts/O.P. Nos.2 to 5 in Cr.
Rev. No.23 of 2017 was acquitted from both the charges extending the
benefit of doubts.
Instant criminal revision i.e. Cr. Revision No.1465 of 2016 is
directed against the judgment dated 31.08.2016 passed by learned
Additional Sessions Judge-II, Jamshedpur in Cr. Appeal No.159 of
2011, whereby and whereunder the petitioner(appellant) was acquitted
from the offence under section 498A of IPC but conviction and sentence
for the offence under section 3/4 of D.P. Act was upheld and confirmed.
5. Criminal Revision No.23 of 2017 has been filed by the complainant-
cum-victim challenging the acquittal of co-convicts, namely, Ram Sakhi
Devi (now deceased), Asha Devi and Binod Paswan under sectoni 498A
of IPC and Sections 3/4 of D.P. Act and acquittal of Sanjay Kumar
under section 498A of IPC by the learned appellate court.
2026:JHHC:23876
Page 4 of 18
Cr. Revision Nos.1465 of 2016 & 23 of 2017
Factual Matrix:-
6. Factual matrix giving rise to these revisions is that the complainant,
Sushma Devi is well educated having M.A. degree and was married
with Sanjay Kumar @ Rajesh Kumar on 12.03.2007 as per Hindu Rites
and Customs. It is further alleged that prior to marriage, a ring
ceremony (engagement) was organized at Jamshedpur. It is further
alleged that as per demand of the accused persons, the father of the
complainant, at the time of ring ceremony, presented Rs.2.50 lakhs to
her husband and other co-accused persons, out of which Rs.50,000/- in
cash and the remaining amount through two separate bank drafts of Rs.1
lakh each bearing Nos. 117593 and 117594 of SBI Chota Govindpur
Branch. Apart from the above cash, jewelry both silver and gold as well
as household articles and electronic items like refrigerator, washing
machine, VCD, T.V., mixing grinder etc. worth Rs.3 lakhs were also
presented. It is further alleged that at the time of reception and offering
other religious rituals during marriage, huge amount was also incurred.
After marriage, the complainant went to her matrimonial home but after
few days staying at her matrimonial home, her husband and all the
accused persons started showing their dissatisfaction about the cash and
gifts presented at the time of marriage. Her husband also openly
declared that he does not like the complainant taunting her for her black
complexion. The husband and other in-laws also started demanding
Rs.2 lakhs as additional dowry to bring from her father. The father of
2026:JHHC:23876
Page 5 of 18
Cr. Revision Nos.1465 of 2016 & 23 of 2017
the complainant as well as his relatives came to the matrimonial house
of the complainant to settle the matter amicably but her husband and
sister-in-law, Asha Devi openly demanded Rs.2 lakhs as dowry, to
which the father of the complainant expressed his inability to fulfill
rather he gave Rs.50,000/- cash to the accused No.2, Ram Sakhi Devi
(mother-in-law) but her father could not pay the rest amount of Rs.1.50
lakhs. Thereafter, the complainant was subjected to cruelty in various
ways by supplying insufficient food and her other necessary
requirements were stopped and the aforesaid situation reached at its
extreme. On 15.04.2007, in the mid-night, the complainant was brutally
assaulted by her husband, sister-in-law (nanad) Asha Devi and brother-
in-law (nandoshi) Binod Paswan and the complainant was driven out
from the matrimonial home. Hence, she took shelter at her parental
house at Jamshedpur. It is further alleged that on the occasion of
Dushara in the year, 2007, her husband and sister-in-law, Asha Devi and
Binod Paswan (nandoshi) came to Jamshedpur and in presence of her
parents, she was assaulted by her husband. It is further alleged that after
several attempts made by her father and due to social pressure, the
accused persons brought the complainant from Jamshedpur to her
matrimonial home on 21.11.2007 with undertaking and assurance that
they will not engage in scuffle, dispute or torture against the
complainant in future but the accused persons continued physical
assault and torture with the complainant and also conspired to take her
2026:JHHC:23876
Page 6 of 18
Cr. Revision Nos.1465 of 2016 & 23 of 2017
life. Thereafter, the father of the complainant came to her matrimonial
home and brought her back to Jamshedpur. It is further alleged that
again the complainant’s father with a view to settle the dispute with the
accused persons took a house on rent at Govindpur owned by one
Shambhu Sharan Sharma on his own expenses for the purpose to reside
both parties together and she also started residing with her husband but
within two weeks, the complainant was again subjected to cruelty both
physically and mental by her husband due to non-fulfillment of the rest
of amount of Rs.1.50 lakhs and assaulted her on 03.01.2008 and went
away with bag and baggage. It is also alleged that all the articles
presented at the time of marriage have also been detained by the
accused persons at her matrimonial home.
7. After conducting inquiry, the accused persons were summoned and
appeared.
8. The acquisition of charges were read over and explained to the accused
persons to which, they claimed to be tried.
9. In course of trial, no documentary evidence has been adduced by the
prosecution. However, altogether 5 witnesses were examined by the
prosecution, namely:-
C.W.1-Sushma Devi (complainant)
C.W.2-Dinanath Paswan
C.W.3-Shambhu Sharan Sharma
C.W.4- Rajesh Kumar
C.W.5-Janardan Singh
2026:JHHC:23876
Page 7 of 18
Cr. Revision Nos.1465 of 2016 & 23 of 2017
10. On the other hand, no oral evidence has been adduced by the defence.
However, two documentary evidence i.e. Ext.A-Voter Card of Binod
Ram and Ext.A/1- Voter card of Asha Devi were adduced by the
defence.
11. The case of defence is denial from the occurrence and false implication
due to marital dispute.
12. Learned trial court after scrutinizing the evidence convicted all the
accused persons for the offence under section 498A of IPC and Sections
3/4 of D.P. Act as stated above.
13. Learned appellate court acquitted other three co-convicts, namely, Ram
Sakhi Devi (now deceased), Asha Devi and Binod Paswan from both
the charges i.e. under section 498A of IPC and Section 3/4 of D.P. Act
and convicted and sentenced only to the present petitioner(husband) of
Cr. Revision No.1465 of 2016 for the offence under sections 3/4 of D.P.
Act and also acquitted him from the charge under section 498A of IPC.
Submission on behalf of petitioner:-
14. Learned counsel for the petitioner in Cr. Revision No.1465 of 2016
assailing the impugned judgment passed by learned appellate court has
submitted that although the learned appellate court has acquitted the
petitioner from the charge under section 498A of IPC but wrongly held
him guilty for the offence under sections 3/4 of D.P. Act without any
evidence. No inventory or list as required under law has been prepared
at the time of marriage and subsequent demand of Rs.2 lakhs is only a
2026:JHHC:23876
Page 8 of 18
Cr. Revision Nos.1465 of 2016 & 23 of 2017
bald allegation. In the complaint petition itself, it is mentioned that out
of additional demand of Rs.2 lakhs cash, Rs.50,000/- cash was paid to
the mother-in-law of the complainant but contrary to this, learned
appellate court has found that Rs.50,000/- was paid and received by the
present petitioner without any cogent and reliable evidence, which is the
basis for upholding the conviction under sections 3/4 of D.P. Act
against the present petitioner. Learned appellate court has failed to
consider the material contradictions and discrepancies in regard of
demand of additional dowry and its payment and mode of payment to
whom it was paid, has wrongly observed that Rs.50,000/- cash was paid
to the present petitioner. Therefore, learned appellate court has
committed serious illegality and arrived at erroneous findings, which is
fit to be set aside and this revision may be allowed.
15. On the other hand, criminal revision No.23 of 2017 has been filed by
the complainant challenging the acquittal of all accused persons, who
were held guilty and sentenced by the learned trial court. It is submitted
by learned counsel for the complainant that learned appellate court has
committed serious illegality while acquitting the main accused (husband
of the complainant) from the charge under section 498A of IPC on
flimsy grounds and his own imagination without appreciating the
evidence properly, discussed by the learned trial court and without
meting out the reasons, which was recorded by learned trial court while
convicting the accused persons including the husband for the offence
2026:JHHC:23876
Page 9 of 18
Cr. Revision Nos.1465 of 2016 & 23 of 2017
under section 498A of IPC and sections 3/4 of D.P. Act. Therefore,
judgment passed by learned appellate court is absolutely illegal,
improper and based upon the conjecture and surmises, which is fit to be
set aside and the judgment passed by learned trial court may be restored
against the accused persons. Accordingly, revision filed by the
petitioner, Sanjay Kumar @ Rajesh Kumar is liable to be dismissed and
the revision preferred by the complainant is fit to be allowed.
Submission on behalf of State:-
16. On other hand, learned counsel for the State has controverted the
aforesaid contentions raised on behalf of the petitioners in both revision
petitions and submitted that there is no legal substance in the argument
raised on behalf of both the petitioners and no merits in these revisions.
Learned appellate court has very wisely and aptly apprised and
appreciated the prosecution evidence and arrived at right conclusion
about the guilt of the accused/petitioner. Hence, there is no reasonable
ground to interfere with the impugned judgment. These revisions have
no merits and are fit to be dismissed.
Analysis, Reasons and Decision:-
17. I have gone through the record of the case along with the impugned
judgment passed by learned trial court as well as learned appellate court
in the light of the contentions raised on behalf of both side.
18. The only point for determination in these revisions is that “as to
whether the impugned judgment passed by learned appellate court
2026:JHHC:23876
Page 10 of 18
Cr. Revision Nos.1465 of 2016 & 23 of 2017
in Cr. Appeal No.159 of 2013 suffers from illegality or infirmity
calling for any interference in these revisions?”
19. The question involved in these revisions pertains to conviction by
learned trial court and acquittal of some accused persons by learned
appellate court and partially conviction of the petitioner (husband) alone
for the offence under sections 3/4 of D.P. Act. Therefore, a brief resume
of oral testimony of witnesses appears to be necessary.
C.W.1. Sushma Devi is the complainant-cum-Victim of the
alleged offence. According to her evidence, she was married with
Sanjay Kumar @ Rajesh Kumar on 12.03.2007 as per Hindu Rites and
Customs and at the time of marriage, her father has given two separate
demand drafts of Rs.1 lakh each and Rs.50,000/- cash to the accused
persons and apart from which, other electronic items, jewelry and
household articles worth Rs.3 lakhs were also presented. This witness
further states that she went to her matrimonial home along with her
aforesaid gift items, where she lived only for a week quite well.
Thereafter, her husband, mother-in-law and sister-in-law started
harassing and assaulting saying that she does not have a fair complexion
and they also raised additional demand of Rs.2 lakhs as dowry. She
informed to her father about the above incident, then her father along
with other relatives arrived at her matrimonial home but the accused
persons again raised above demand before him, to which he showed his
inability to fulfill. Nevertheless, her father gave Rs.50,000/- cash to the
2026:JHHC:23876
Page 11 of 18
Cr. Revision Nos.1465 of 2016 & 23 of 2017
accused persons but she was again being assaulted by her husband and
other accused persons. On 15.04.2007, after giving physical assault to
her by the accused persons, she was driven out from the matrimonial
home, then she went to the house of her relative, thereafter to
Jamshedpur. All the gifted articles presented at the time of marriage
were snatched by the accused persons. She further states that her father
conveyed a panchyati ,thereafter some good sense prevailed and on
21.11.2007, she further went to her matrimonial home but the accused
persons again started demanding the rest amount of Rs.1.50 lakhs and
due to non-fulfillment of which, she was being assaulted and tortured,
thereafter she returned at her parental home on 06.12.2007. On
21.12.2007, her husband along with other co-accused persons came to
Jamshedpur and his father booked a rented house and gave to her
husband for residing wherein she was also subjected to physical assault
by the accused persons reiterating their demand. Ultimately on
03.01.2008, the accused persons went away with bag and baggage
assaulting this witness. Therefore, she was constrained to lodge this
complaint case.
In her cross-examination, this witness admits that she has an
MA in political science. She further admits that she was married with
the accused, Rajesh Kumar @ Sanjay Kumar but her sister-in-law was
already married long-long ago prior to her marriage and her sister-in-
law is blessed with four children and her eldest daughter is about 15-16
2026:JHHC:23876
Page 12 of 18
Cr. Revision Nos.1465 of 2016 & 23 of 2017
years old. She does not know about the matrimonial house of her sister-
in-law. She further admits that her father had come to her matrimonial
home on 01.04.2007 and Rs.50,000/- cash was given to her husband in
presence of her mother-in-law, sister-in-law and nandoshi. This fact is
also mentioned in the complaint petition. She further admits that on
15.04.2007, after being assaulted, she came to her relative i.e. uncle and
also went to police station, but she was advised to conciliate the matter
with the accused persons, then she returned back to her parental home
with her uncle. She further reiterates that her husband and other accused
persons were frequently assaulting her, therefore she became ill and also
got treatment at the instance of accused persons. Since, 06.12.2007, she
has been residing at her parental home. She also admits that on
21.12.2007, her husband and other accused persons came to Jamshedpur
and on 02.01.2008 in the mid-night, she was assaulted by them but she
did not report the said occurrence at the police station. She has denied
the suggestion that her husband has lodged a case under Section 9 of
Restitution of Conjugal Rights and after receiving notice, she lodged
this false case. She has also denied the suggestion of the defence that
she wants to reside at her parental home along with her husband as
gharjamai, which is not accepted by him, hence, she lodged this false
case.
C.W.2-Dinanath Paswan is father of the complainant. He
has also corroborated the case of the complainant regarding dowry and
2026:JHHC:23876
Page 13 of 18
Cr. Revision Nos.1465 of 2016 & 23 of 2017
articles presented at the time of marriage including Rs.2.50 lakhs
through cash and bank drafts. Just after one week of marriage, he
received information from his daughter that her husband and other
accused persons were harassing and abusing her and demanding Rs.2
lakhs as additional dowry. He has further stated that no direct demand
has been made by any of the accused persons. Although, he admits that
anyhow he has paid Rs.50,000/- cash but who among the accused
persons has received the said cash amount is not mentioned in his
evidence. He admits that on 15.04.2007, his daughter returned to
Jamshedpur and on the occasion of Dushara, 2007, her husband, sister-
in-law and nandoshi also arrived at Jamshedpur and started demanding
Rs.1.50 lakhs and after scuffling with his daughter, they went away. On
20.11.2007, he again sent his daughter to her matrimonial home. He
also tried to settle his son-in-law at Jamshedpur taking a house on rent
but he did not stayed there.
In his cross-examination, he admits that on 01.04.2007, he
along with his brother went to matrimonial home of his daughter where
he gave Rs.50,000/- cash to the accused persons. His daughter is
residing with him since 06.12.2007. He further admits that his son-in-
law is engaged in supply of electronic goods and he also attempted to
settle his son-in-law in Jamshedpur. He has denied the suggestion of
defence that he wants to settle his son-in-law at Jamshedpur because his
daughter does not want to live at matrimonial home. Therefore, this
2026:JHHC:23876
Page 14 of 18
Cr. Revision Nos.1465 of 2016 & 23 of 2017
false case has been lodged. He also admits that his son-in-law has filed a
case under section 9 of Restitution of Conjugal Rights and also filed a
divorce case and his daughter has also filed a maintenance case, which
is pending.
C.W.3-Shambhu Sharan Sharma is a land lord and his
house was taken on rent by the father of the complainant for residential
purpose of his daughter and son-in-law. According to his evidence,
Sushma Devi and Sanjay Kumar lived as a tenant in his house since
December, 2007 and the rent was being paid by Dinanath Paswan
(C.W.2). He has also stated that for a few days, Sushma Devi peacefully
resided with the accused persons but a demand of Rs.1.50 lakhs was
again made by the accused persons in his presence and Sushma Devi
was assaulted by her husband and other accused persons. Thereafter, in
month of January, 2008, all the accused persons went away. He has also
reiterated the aforesaid facts.
C.W.4-Rajesh Kumar has also stated that after dispute and
scuffle regarding demand of dowry by the accused persons, he along
with father of the complainant went to the house of the accused persons
for pacifying the matter and in his presence also, Shusma Devi was
assaulted by her husband, mother-in-law and nandoshi.
In his cross-examination, this witness admits that he is uncle
of the complainant and he also went to police station for giving
2026:JHHC:23876
Page 15 of 18
Cr. Revision Nos.1465 of 2016 & 23 of 2017
information about the above incident but he was advised to settle the
dispute amicably.
In his further cross-examination, he reiterates that on
06.12.2007, the complainant, Sushma Devi was assaulted by the
accused persons in his presence at her matrimonial home.
C.W.5-Janaradan Singh is a hearsay witness about the
factual aspect of the case from the father of the complainant.
20. It appears from perusal of the judgment of trial court and also in view of
the evidence of the witnesses examined in this case, it is crystal clear
that after marriage of the complainant, she went to her matrimonial
home but she was subjected to physical and mental cruelty at the hands
of the accused persons due to non-fulfillment of additional demand of
Rs.2 lakhs as dowry. It further appears that insistence of the learned
appellate court upon lodging any case in respect of assault and torture
earlier meted with the complainant or any documentary evidence of
injury, is absolutely absurd and unwarranted in the facts and
circumstances of the case. The complainant is a highly educated lady
and she has stated with date of all the chronological events and the
circumstances, wherein she was ill-treated and tortured at the hands of
her husband. Therefore, the findings recorded by the learned appellate
court appear to be beyond weight of evidence and unwarranted
insistence upon lodging of previous case at the police station. In
matrimonial dispute, it is always seen that the parents and other relatives
2026:JHHC:23876
Page 16 of 18
Cr. Revision Nos.1465 of 2016 & 23 of 2017
seek amicable settlement and resolution of the dispute instead of prompt
institution of the case.
21. In the instant case, the father and uncle of the complainant have
specifically proved that the complainant was assaulted by her husband
in their presence due to non-fulfillment of additional demand of dowry.
The petitioner has already been held guilty for the offence under
sections 3/4 of D.P. Act. Therefore, his acquittal for the offence under
section 498A of IPC in spite of clinching evidence available on record
as discussed by the learned trial court apparently suffers from serious
error of law and non-consideration of evidence properly rather based on
conjecture and surmises.
22. So far, Criminal Revision No.23 of 2017 preferred by the complainant
against the acquittal of accused, Sanjay Kumar @ Rajesh Kumar, Ram
Sakhi Devi (now deceased), Asha Devi(nanad) and Binod
Paswan(nandoshi) is concerned, it is admitted fact that the mother-in-
law of the complainant has already died and her sister-in-law, Asha
Devi and nandoshi, Binod Paswan do not reside with the husband of the
complainant. It is also admitted fact that since long-long ago, Asha Devi
was married and at the time of alleged occurrence, her elder daughter
was aged about 15 years. The complainant and other witnesses
examined on her behalf have not been able to give satisfactory evidence
as to what is the employment of nandoshi, Binod Paswan and where
the nanad of the complainant, Asha Devi resides and also about their
2026:JHHC:23876
Page 17 of 18
Cr. Revision Nos.1465 of 2016 & 23 of 2017
native place. Therefore, they appeared to have been roped in this case
merely being relative of the husband of the complainant and there is no
occasion for sister-in-law and her husband to ask any dowry from the
complainant and there is no evidence at all that anything was paid to
them as part of the dowry or they have been involved in assaulting the
complainant or torturing her with cruelty. Therefore, acquittal of Asha
Devi and her husband, Binod Paswan from the charges levelled against
them by learned appellate court is absolutely justified under law and do
not require any interference.
23. In view of the above discussion and reasons, conviction and sentence of
the petitioner, Sanjay Kumar @ Rajesh Kumar for the offence under
section 498A of IPC passed by learned trial court is restored and the
judgment and order passed by learned appellate court in respect of
petitioner, Sanjay Kumar @ Rajesh Kumar is hereby set aside to the
extent of acquittal from the charge under section 498A of IPC.
24. Accordingly, Cr. Revision No.23 of 2017 is partly allowed and Cr.
Revision No.1465 of 2016 is dismissed.
25. Pending I.A(s), if any, is also disposed of accordingly.
26. Let a copy of this order along with Trial Court Records be sent back to
the court concerned for information and needful.
27. I take this opportunity to appreciate the assistance rendered by Mr.
Salona Mittal, learned Amicus Curiae appearing on behalf of petitioner
in Cr. Revision No.1465 of 2016 and direct the Member Secretary, High
2026:JHHC:23876
Page 18 of 18
Cr. Revision Nos.1465 of 2016 & 23 of 2017
Court Legal Services Committee to extend the stipulated fee as per
notification of High Court Legal Services Committee to Mr. Salona
Mittal, learned Amicus Curiae within a period of four weeks from the
date of receipt/production of a copy of this order.
28. Office is directed to ensure that a copy of this order is served upon
Member Secretary, High Court Legal Services Committee.
(Pradeep Kumar Srivastava, J.)
High Court of Jharkhand, Ranchi
Date: 11 /08 /2026
Pappu/- N.A.F.R.
Uploaded on 11/ 08 /2026
In a significant ruling that reinforces judicial scrutiny in cases of marital cruelty and dowry demands, the Jharkhand High Court, on August 11, 2026, delivered its judgment in Cr. Revision No. 1465 of 2016 and Cr. Revision No. 23 of 2017. This landmark decision delves into the intricacies of IPC 498A (cruelty by husband or relatives) and various sections of the Dowry Prohibition Act, providing crucial insights into the burden of proof and appellate review. All detailed records and pronouncements related to this case (2026:JHHC:23876) are available for comprehensive analysis on CaseOn.in.
\n\nThe matrimonial dispute began with a complaint filed by Sushma Devi, alleging dowry demands and cruelty. This led to a series of legal proceedings:
\nThe central question before the High Court was whether the judgment passed by the learned appellate court suffered from any illegality or infirmity that warranted interference in these revisions, specifically regarding the convictions and acquittals under IPC 498A and Sections 3/4 of the Dowry Prohibition Act.
\n\nThe complainant, Sushma Devi, a highly educated individual, married Sanjay Kumar @ Rajesh Kumar on March 12, 2007. According to her allegations, significant dowry, including Rs. 2.50 lakhs in cash and bank drafts, jewelry, and household articles worth Rs. 3 lakhs, was given at the time of marriage. Shortly after, her husband and in-laws allegedly began harassing and assaulting her, expressing dissatisfaction with her complexion and demanding an additional Rs. 2 lakhs as dowry. Despite her father paying Rs. 50,000/-, the demands persisted. Sushma Devi was subjected to physical and mental cruelty, including insufficient food, and was eventually driven out of her matrimonial home multiple times. Even after attempts to reconcile, the cruelty and dowry demands continued, leading her to file the complaint.
\n\nThe prosecution examined five witnesses: C.W.1 Sushma Devi (complainant), C.W.2 Dinanath Paswan (her father), C.W.3 Shambhu Sharan Sharma (a landlord who rented a house to them for a period), C.W.4 Rajesh Kumar (her uncle), and C.W.5 Janardan Singh (a hearsay witness). The complainant and her father consistently corroborated the allegations of dowry demand and cruelty. C.W.3 and C.W.4 also supported the narrative regarding continued demands and assault in their presence.
\n\nThe High Court meticulously reviewed the evidence and the appellate court\'s reasoning. It found that the appellate court\'s decision to acquit the husband of the IPC 498A charge was flawed. The High Court stated that the appellate court\'s insistence on a prior police report or documentary evidence of injury for assault and torture was "absolutely absurd and unwarranted" given the circumstances of a matrimonial dispute. The complainant, being an educated woman, had provided a clear chronological account of the events. The High Court underscored that parents and relatives often attempt amicable settlements in such disputes before resorting to formal legal action. The court concluded that the husband\'s acquittal under IPC 498A by the appellate court suffered from a "serious error of law and non-consideration of evidence properly," and was based on conjecture.
\nTo further enhance understanding of complex legal rulings like this, CaseOn.in offers 2-minute audio briefs. These concise summaries are an invaluable tool for legal professionals and students, allowing them to quickly grasp the essence of judgments, key arguments, and outcomes, even for cases involving nuanced interpretations of IPC 498A and the Dowry Prohibition Act.
\n\nConversely, the High Court upheld the appellate court\'s decision to acquit the sister-in-law (Asha Devi) and brother-in-law (Binod Paswan). The court observed that these relatives did not reside with the complainant and her husband. The sister-in-law was married long ago and had an elder daughter aged about 15 years. The complainant and her witnesses failed to provide satisfactory evidence regarding the employment or residence of these in-laws, suggesting they were merely "roped in" due to their familial relationship. The High Court found no evidence of their direct involvement in dowry demands, assault, or cruelty, thus justifying their acquittal.
\n\nIn light of its analysis, the Jharkhand High Court passed the following orders:
\nThis judgment serves as a critical precedent for understanding the application of IPC 498A and the Dowry Prohibition Act. It highlights several important aspects:
\nAll information provided in this article is for informational purposes only and does not constitute legal advice. While efforts have been made to ensure accuracy, readers should consult with a qualified legal professional for advice pertaining to their specific circumstances.
']
Legal Notes
Add a Note....