LALIT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the impugned judgment of conviction and sentence passed on 21/12/2021 by the Second Additional Judge to the First Additional Sessions Judge, Seoni in S.T. No.146/2016 holding the appellants guilty of the offence under Sec. 323/34 of IPC and sentenced them to simple imprisonment for six months alongwith fine of Rs.1000.00 with direction to further undergo rigorous imprisonment for one month in case of default in payment of fine.

(2.) The brief facts of prosecution case are that the complainant in the case was the wife of appellant Lalit. The two were married on 8/7/2008. Appellant Lalit is a constable in CRPF posted at Garhchiroli, while complainant was living in Bhopal for studies of their daughter. She had come to her in-laws house in Seoni on 15/5/2016 and on 24/5/2016 appellant Lalit had also come to Seoni. They both had taken a house loan of Rs.20,00,000.00, out of which Rs.2,00,000.00 were paid to the father of Lalit, which he was not returning despite demand. Per contra, appellant Lalit was demanding Rs.2,00,000.00 from complainant as dowry. Earlier also he had taken Rs.2,00,000.00 from the mother of complainant for purchase of a plot. On 2/6/2016 appellant Lalit sold the jewelry of complainant and for this also a dispute arose between them. Complainant went to her parental house in rage, but on next day , i.e.3/6/2016 she was asked by the appellant Lalit to come back to the site of new house. On her arrival, both the appellants started abusing her, tried to throw her from the roof, they pushed her from the staircase causing her injuries, the complainant was pregnant and on account of this assault she suffered pain in stomach. She was being harassed for demand of dowry ever since of her marriage. The FIR was made by her in police station City Kotwali, on the basis of which a case under Sec. 294, 323, 498 IPC and 3/4 of Dowry Prohibition Act was registered against the appellants. Chargesheet was filed and the trial was completed.

(3.) Under the impugned judgment, the parents of appellants were acquitted, while both the appellants stood convicted and sentenced only under Sec. 323/34 of IPC and they were acquitted of the offence under Ss. 498-A, 294 and 313 of IPC as well as 3/4 of Dowry Prohibition Act.