JAYABAI KURMI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision u/s 397 read with sec. 401 of Cr.P.C. has been filed by the applicants against impugned judgment of conviction and order of sentence dtd. 17/9/2016 passed by First Additional Sessions Judge to the Court of Additional Judge, Narsinghpur in Criminal Appeal No.90/2014 (arising out of judgment dtd. 28/5/2014 passed in Criminal Case No.2222/2010) whereby the applicants have been convicted for offences under Sec. 498-A of the Indian Penal Code and sentenced to undergo R.I. for 02-02 years each, Sec. 323 of the Indian Penal Code and sentenced to undergo R.I. for 06-06 months each and Sec. 4 of Dowry Prohibition Act and sentenced to undergo R.I. for 02-02 years each with fine of Rs.500.00Rs.500.00 each respectively, with default stipulations.

(2.) As per prosecution case the complainant-Smt. Asha Bai was married to applicant No.3 on 9/5/1998, till 4-5 years of her marriage, she lived happily at the house of the applicants, thereafter one daughter was born after three years, due to which, applicants started harassing the complainant and also demanded dowry and a four wheeler. Due to harassment, the complainant came to her parental house where she lived for more than 5 years. Thereafter, compromise taken place between them and she went back to her matrimonial house. On 26/3/2010 appellant No.3 assaulted the complainant. She informed about the incident to her father on telephone and went to her parental house. Thereafter, on 26/3/2010, a complaint was lodged against the applicants for the offences punishable under Sec. 498-A, 323 of IPC and Sec. 3 and 4 of Dowry Prohibition Act.

(3.) The trial Court vide judgment dtd. 17/9/2016 convicted the applicants for offences under Sec. 498-A of the Indian Penal Code and sentenced to undergo R.I. for 02-02 years each, Sec. 323 of the Indian Penal Code and sentenced to undergo R.I. for 06-06 months each and Sec. 4 of Dowry Prohibition Act and sentenced to undergo R.I. for 02-02 years each with fine of Rs.500.00Rs.500.00 each respectively, with default stipulations.