STATE OF MADHYA PRADESH Vs. VAMAN RAO

JUDGEMENT

(1.) ON behalf of the appellant/State of M.P. this appeal is preferred under Section 378 of Cr.P.C., being aggrieved by the judgment dated 17.2.1997, passed by Additional Chief Judicial Magistrate Multai, Betul in Criminal Case No.865/92 whereby, the respondent has been acquitted from the charge of Section 498-A of I.P.C.

(2.) THE facts giving rise to this appeal in short are that, the wife of respondent namely; Lata Bai (PW-1), who long before got married with the respondent, lodged the report at Police Station Amla, contending that on 6.7.1992, the respondent in her life time by concealing the fact of earlier marriage, has remarried with some other woman and pursuant to that, she was sent to her parental home. In further averments, it is also stated that out of the wedlock of the complainant/victim and the respondent, they were blessed by a son. Now he is age of 7 years. It is also alleged in the report that she was subjected to cruelty on account of demand of dowry by the respondent in the matrimonial home. As per allegations, she was subjected to demand of Rs.15,000.00 by the appellant with a threat otherwise he will get remarry with some other woman. On such report, the offence of Section 498-A of I.P.C. was registered against the respondent. On completion of the investigation, the respondent was charge-sheeted.

(3.) I have heard the respective counsel of the appellant as well as the respondent on merits. Keeping in view their arguments, I have carefully gone through the record of the trial Court as well as the impugned judgment. I have not found any perversity, irregularity, illegality or anything against the propriety of law in appreciation of the evidence by the trial Court for extending the acquittal to the respondent from the alleged charge.