LAXMAN Vs. STATE OF U P

JUDGEMENT

(1.) THE present revision has been filed by the accused -revisionist Laxman, under Section 397/401 Cr.P.C. against the judgement and order dated 10.04.2006 passed by the Additional Sessions Judge, Court No. 2, Mahoba in Criminal Appeal No. 14 of 2005, Laxman Vs. State of U.P. and another, whereby he has dismissed the said appeal arising out of judgement and order dated 17.03.2005 passed by Chief Judicial Magistrate, Mahoba whereby he has convinced accused -revisionist Laxman in Case No. 2081 of 2000, Smt. Phularani Vs. Laxman and others, P.S. Kulpahad, District Mahoba, under Sections 498 -A I.P.C. & 3/4 D.P. Act and sentenced there under to imprisonment of 8 months with the fine of Rs. 1,000/ - for each offence separately with the provision that accused revisionist shall under go further imprisonment for three months in case of default in payment of fine.

(2.) I have heard learned counsel for the revisionist and learned A.G.A. I have perused records also.

(3.) LEARNED counsel for the revisionist has contended that the judgement and order passed by the Chief Judicial Magistrate dated 17.03.2005 as well as impugned judgement and order of Appellate Court is illegal and against evidence available on record. He has further contended that the PW1/complainant Phularani, PW2 Amar Singh and PW3 Ram Kishor have not stated the time of incident and date of marriage. He has also contended that the marriage of accused -revisionist with complainant was solemnized before 7 years of the alleged incident, therefore, no offence under Sections 498 -A I.P.C.and D.P. Act may be made out.