HAFIJ KHAN Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 8.11.1995 of the learned Third Additional Sessions Judge Chhindwara (Shri S.D. Mishra), passed in Criminal Appeal No. 76/94, by which the learned Judge has affirmed the judgment dated 23.11.1994 of the learned Additional Chief Judicial Magistrate Saonsar, passed in Criminal Case No. 1505/91, by which each of the applicants has been convicted under section 498A of the Indian Penal Code and sentenced to rigorous imprisonment for one year.

(2.) THE applicant No. 1 Hafij Khan is the husband of complainant Noorbi (PW 1) while applicant No. 2 Intubi alias Imtyazbi is her mother -in -law and applicant No. 3 Habib Khan, her father -in -law. The marriage of the complainant had taken place with the applicant No. 1 about three years prior to the date of incident according to Muslim rites and customs and a son was born through this wedlock.

(3.) THEREAFTER , they had also sent a notice requiring her to come back to their house and threatened that on failure, the husband would contract another marriage. On these allegations, the applicants were tried and convicted by the trial Court. Their conviction and sentence was maintained by the lower Appellate Court.