M M KHAN Vs. STATE OF M P

JUDGEMENT

(1.) THIS criminal revision is directed against the judgment dated 5. 11. 1999 delivered by 1st Addl. Sessions Judge, Shahdol in Criminal Appeal No. 157/96 arising out of judgment dated 30. 11. 1996 delivered by Judicial Magistrate, 1st Class, Budhar in Criminal Case No. 147/94.

(2.) THE applicant has been convicted by both the Courts below under Section 498-A, I. P. C. He has been sentenced to R. I. for six months and a fine of Rs. 600/- has been imposed upon him; in default of payment of fine, he is required to undergo a further sentence of 3 months' R. I.

(3.) THE facts of this case are that the complainant Rojleen Khan is the wife of the applicant. She lodged an FIR against the applicant on 27. 2. 1994 stating that she was married to the applicant on 17th of December, 1980. After marriage the complainant lived with the applicant and had given birth to two daughters. It was alleged in the FIR that the applicant had begun to treat the complainant with cruelty during the subsistence of marriage and had threatened her to throw her out of the house. It was further alleged that the applicant had remarried. The police after recording the statements of the prosecution witnesses and finding that a case under Section 498-A, I. P. C. has been established filed a charge sheet.