SANTOSH Vs. STATE OF M P

JUDGEMENT

(1.) The applicant was convicted for the offence punishable under sections 494 and 498-A of IPC and sentenced with two years rigorous imprisonment with fine of Rs.250/- and one year's rigorous imprisonment with fine of Rs.250/- vide judgment dated 25.1.1997 passed by the learned CJM, Khandwa in criminal complaint case No.2050/1996. In criminal appeal No.9/1997, the learned First Additional Sessions Judge, Khandwa dismissed the appeal. Being aggrieved with the aforesaid judgments, the applicant has preferred the present revision.

(2.) The facts of the case, in short, are that, the complainant/respondent had filed a criminal complaint against the applicant and other 15 persons with the allegations that her marriage took place with the applicant 5 years prior to the filing of the complaint. She was blessed with two children but, she was ousted from the house by the applicant and his family members in pursuance to their demand of dowry and harassment. It was also pleaded that on 28.6.1991, the applicant entered into the second marriage with the help of other accused persons with one Sukai Bai, daughter of Tarachand at village Gogawan, District Khargone.

(3.) The applicant abjured his guilt. Premnath Sharma (D.W.1), Murarilal (D.W.2), Laxminarayan Singh (D.W.3), Shobharam (D.W.4) were examined as defence witnesses. Premnath, Murarilal, Laxminarayan Singh were examined to prove the plea of alibi for various accused persons, whereas Shobharam was examined to prove the rites relating to the marriage in the concerned caste.