LAWS(CHH)-2010-3-68

RAGHUVIR ALIAS BHOLI Vs. STATE OF M.P.

Decided On March 25, 2010
Raghuvir Alias Bholi Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment dated 15.3.1993 passed by Additional Sessions Judge, Bilaspur, in Sessions Trial No. 230/1992 convicting the accused/appellant for the offence punishable under Section 498-A Indian Penal Code and sentencing him to undergo rigorous imprisonment for one year and pay fine of Rs. 500/-, in default of payment of fine to further undergo simple imprisonment for three months.

(2.) Case of the prosecution in brief is that on 20.6.1991 FIR(Ex.P-4) was lodged by Pramila Bai (PW-1) alleging that her marriage was solemnized with the accused/appellant in the year 1990 and after marriage she came to know that accused/appellant was already married with one Sharda Bai and was having a daughter also. It is alleged that suppressing his earlier marriage, the appellant married her by playing fraud. It is alleged that till three months after marriage with her, she was kept properly but thereafter the accused/appellant and his parents started subjecting her to cruelty and then she was dropped at her parents' house where she again came to know that the accused/appellant had brought back his first wife namely Sharda Bai. It is alleged that till five months thereafter, neither the appellant nor his relatives ever went to bring her back. It is alleged that once as a result of beating at the hands of the accused/appellant, she had suffered miscarriage and then the report was lodged by her.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 09 witnesses in support of its case. Statement of the accused/appellant was also recorded under section 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and pleaded his innocence and false implication in the case.