SHIVANAND Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Revision, the applicant is questioning his conviction and sentence imposed upon him by the learned Judicial Magistrate, First Class, Nanded in Regular Criminal Case No. 919 of 1997, whereby the learned trial court recorded a finding of guilt against the applicant that he has committed offence punishable under Section 498A of the Indian Penal Code and directed that he shall suffer rigorous imprisonment for one year and fine of Rs. 2,000/-, in default to suffer further rigorous imprisonment for three months. Being dissatisfied by the said conviction, an appeal bearing Criminal Appeal No. 69 of 1998, was filed before the learned Sessions Judge, Nanded, who, on 10.2.2003 dismissed the appeal and confirmed the judgment and order of conviction. Against the said judgment, the present Revision is filed.

(2.) None for the applicant. I have heard Shri V.P. Kadain, learned Additional Public Prosecutor for the State and with his able assistance I have gone through the record and proceedings.

(3.) The first information report was lodged by Kamalahai, wife of present applicant on 28.1.1997 (Exh. 27) with police station Ardhapur, District Nanded. Since the said first information report was disclosing commission of a cognizable offence, crime was registered under Section 498A, 323 r/w 34 of the Indian Penal Code against the present applicant and all his family members.