ASHOK DOGRA Vs. STATE

JUDGEMENT

(1.) AGGRIEVED by the judgment of conviction dated 16.01.1999 and order on sentence dated 18.01.1999 passed by the learned Metropolitan Magistrate, awarding the sentence to the petitioner to undergo rigorous imprisonment for a period of three years and fine of Rs.3,000/ - under Section 498A IPC, in default of payment of fine to further undergo rigorous imprisonment for a period of six months; sentence to undergo rigorous imprisonment for a period of one year under Section 406 IPC and upholding the judgment of conviction by the learned Additional Sessions Judge vide judgment dated 01.08.2006, the present revision petition has been filed by the petitioner. However, the sentence of imprisonment for offence under Section 498A IPC was modified to two years rigorous imprisonment.

(2.) FACTUAL matrix, as emerges from the record, is that the complainant Smt. Asha Dogra made a complaint to the police that accused Ashok Dogra (husband), Tara Chand (father in law), Smt. Shakuntala (mother in law), Smt. Kusum Choudhary (sister in law) and Keshav Dev (brother in law -Nandoi) in furtherance of their common intention, subjected the complainant to cruelty for or on connection with demand of dowry. It was also alleged that accused Ashok Dogra, Tara Chand and Smt. Shakuntala were entrusted with the dowry articles. On the complaint of the complainant Smt. Asha Dogra, FIR No.351/1993, PS Defence Colony was registered. On completion of investigation, report under Section 173 Cr.P.C. was filed against accused Ashok Dogra, Tara Chand, Shakuntala, Kusum Choudhary and Keshav Dev.

(3.) CHARGE under Section 498A IPC was framed against all the accused persons, whereas separate charge under Section 406/34 was framed against accused Ashok Dogra, Tara Chand and Shakuntala. Accused persons including the petitioner Ashok Dogra pleaded not guilty to the charges framed.