HARISHANKAR PRASAD SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of instant Criminal Revision, the applicants have challenged the judgement dated 4.1.2014 passed by Sessions Judge, Korba, in Criminal Appeal No.38/2013.

(2.) The applicants are aggrieved by the judgement dated 4.1.2014, to the extent of the Sessions Judge, while passing the impugned judgement after setting aside the judgement of conviction and order of sentence dated 25.6.2013 passed by Chief Judicial Magistrate, Korba in Criminal Case No.1195/2010, has remitted back the matter for retrial after taking a fresh evidence of certain witnesses who were not cited as a witness by the prosecution either in the charge-sheet or at any point of time during the evidence before the trial Court.

(3.) Brief facts leading to the instant case are that in the year 2003, marriage of the complainant (Smt. Dhaneshwari Sahu) was solemnized with applicant No.1 (Harishankar Prasad Sahu). According to the complainant, immediately after about 2 years of marriage, applicant No.1 (husband of the complainant) and applicants No.2 & 3 (brother-in-law and father-in-law of the complainant, respectively) started ill-treating and harassing the complainant and also subjected her to cruelty on account of demand of dowry. As per the complainant, on 1.8.2010, applicant No.1 on account of non-fulfilling the demand of dowry assaulted the complainant with fist-blows as a result of which she received injuries on her ear and eye. Thereafter, it is alleged that applicants No.2 & 3 were also called on the said date and on their coming, they had also started physically and mentally torturing the complainant and also used to abusive language.