SHIV SHANKAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision under Sec. 397/401 of Cr.PC. has been preferred against the judgment dtd. 21/1/2016 passed by learned Second Additional Sessions Judge, Umaria in Criminal Appeal No.62/2009 (Shiv shankar and others v. state of MP), whereby judgment dtd. 28/11/2007, passed by the learned Chief Judicial Magistrate in Criminal Case No. 266/1999 convicting the petitioners for commission of offence under Sec. 498-A/34 of IPC has been affirmed but sentence of 2 years RI and fine of Rs.1000.00 with default stipulation has been modified & petitioners have been sentenced to imprisonment till rising of court & fine enhanced to Rs.5,000.00 with default stipulation.

(2.) Brief facts relevant for the disposal of present revision are that complainant Pratibha Dubey lodged a written report against the petitioners with respect to demand of dowry and harassment and on the basis of written report lodged by complainant, FIR under Sec. 498- A/34 of IPC was registered against the petitioners and co-accused persons and after investigation, charge sheet was filed against petitioners and co-accused persons under Sec. 498-A/34.

(3.) Learned trial Court vide judgment dated 28.11.20007 passed in Criminal Case No. 266/1999 (State of MP v. Shivshankar and others), after evaluation of evidence, found petitioners to have committed offence under Sec. 498-A/34 of IPC and sentenced them as above. Against the above judgment, petitioners filed an appeal and learned appellate Court, vide judgment dtd. 21/1/2016 passed in Cr.A. No. 62/2009, dismissed the appeal of petitioners and affirmed the trial Court's judgment with respect to conviction but modified the sentence as above. Against this, petitioners have preferred present revision.