JAKIR KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant was convicted for commission of offence punishable under Section 498-A of IPC vide judgment dated 25.8.2000 passed by the Judicial Magistrate First Class, Jabalpur (Ms. Satyabhama Jaiswal) in Criminal Case No.839/1999 and he was sentenced to undergo six months rigorous imprisonment with fine of Rs.5000/-. He was to undergo one months additional rigorous imprisonment in lieu of fine. In Criminal Appeal No.146/2000 preferred by the applicant, the learned VII Additional Sessions Judge, Jabalpur vide judgment dated 18.4.2001 did not provide any relief to the applicant. He maintained the conviction as well as the sentence as it is. Being aggrieved by the judgments of both the Courts below, the applicant has preferred the present criminal revision.

(2.) THE prosecution case in short is that the marriage of the applicant and complainant Mehrunissa took place in the month of April 1993. Various furniture like sofa-set, Almirah, dressing table, fan, mirror, bed etc. were provided to the applicant. THE applicant was harassing his wife. He was asking for a scooter and golden chain. On 26.10.1993 at about 7.00 p.m, applicant took his wife to his house and then he started assaulting her. Jaibunissa, mother of the applicant, directed him to pour kerosene oil upon the complainant. In the meantime, the applicant assaulted his wife by boots. After that assault, the complainant went away from the house and ultimately she had lodged FIR on the same very day at Police Station Khamariya, Jabalpur. After due investigation challan was filed before the competent Magistrate.

(3.) I have heard the learned counsel for the parties.