RAMESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant was convicted for the offence punishable under section 498-A of IPC vide judgment dated 31.1.2001 passed by the learned Additional Chief Judicial Magistrate, Katni Mudwara in criminal case No.23/1999 and sentenced for 6 months rigorous imprisonment with fine of Rs.500/-. In criminal appeal No.71/2001 the learned First Additional Sessions Judge, Katni vide judgment dated 11.12.2003 dismissed the appeal and conviction as well as the sentence was maintained. Being aggrieved with the judgments passed by both the Courts below, the applicant has preferred the present revision.

(2.) THE prosecution's case, in short, is that, the marriage of the complainant Rajjo Bai (P.W.2) took place with the applicant 4-5 years ago from the date of FIR i.e. 7.2.1999. Her Gauna took place after 2 years of marriage and thereafter, for 2 years she was kept with comfort. On 14.4.1998, the applicant took her to work on the field and when she could not lift the bag of wheat then, the applicant assaulted her by a stick and therefore, her treatment took place. The complainant was taken by her father to her parents' house and thereafter, nobody went to bring her to the house of the applicant. The complainant was informed that the applicant entered into the second marriage. Hence, the complainant had lodged an FIR, Ex.P/3 on 7.2.1999 at Police Station Rithi. After due investigation, a charge-sheet was filed against the applicant and his father.

(3.) THE learned Additional Chief Judicial Magistrate, Katni, after considering the evidence adduced by the parties, convicted and sentenced the applicant as mentioned above. However, the father of the applicant was acquitted. In appeal, the learned Additional Sessions Judge, Katni dismissed the appeal.