KUMARI CHANDRAKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS criminal revision arises out of the judgment dated 27-2-2006 delivered by Shri N.D. Tigala, 9th Additional Sessions Judge, Raipur in Criminal Appeal No. 274/2005 whereby conviction of the applicants under Section 498A read with Section 34 of the I.P.C. and the sentence of R.I. for six months and a fine of rs. 300/- as awarded by Shri Kartikram, J.M.F.C. Raipur in Criminal Case No. 308/2001 was affirmed.

(2.) IT is not disputed that Shakun Chandrakar was married to applicant No. 4-Rajesh Chandrakar on 5-5-2001. Their matrimonial home was at Chuikhadan. The applicant No. 3-Shyama Bai is the mother-in-law of Shakun Chandrakar. Applicant No. 2-Mohan Chandrakar is the brother of applicant No. 4-Rajesh Chandrakar and applicant No. 1 -Kumari Chandrakar is the wife of applicant No. 2.

(3.) AFTER completion of investigation the applicants were prosecuted under Section 498A of the I.P.C. The applicants abjured their guilt, pleaded false implication and led no evidence in defence. The prosecution examined Shakun Chandrakar P.W. 1, her mother Champa Bai as P.W. 2, her brother Umesh as P.W. 3 and Rakesh, a friend of Umesh as P.W. 4. Relying upon the evidence led by the prosecution, the learned trial Judge convicted and sentenced the applicants as aforesaid in paragraph 1. On appeal, conviction and sentence awarded by the learned trial Judge was affirmed.