PRAKASH SAHU Vs. STATE OF M.P.

JUDGEMENT

(1.) BEFORE I dwell upon the factual scenario of this case pending since the year 2004,1 think it appropriate and condign to refer to a significant aspect. When this more than 10 year old matter was called, nobody appear for the applicants nor make any prayer for adjournment from any source or medium. Previously, under same circumstances, the case was adjourned in the presence of learned counsel for the respondent/State. Under these circumstances, I did not think fit it appropriate to adjourn this matter. Under these circumstances I proceeded with the hearing of this case. In this context I am profitably refer to the decision of the Apex Court rendered in the case of Bani Singh and others vs. State of Uttar Pradesh, AIR 1996 SC 2439.

(2.) VIDE judgment dated 21.07.04 passed in Criminal Case No.405/2002 learned Judicial Magistrate First Class, Mandla have convicted the applicants for the offence punishable under Section 498 -A/34 of IPC and sentenced to undergo R.I. for one year and fine of Rs.500/ -each. The applicants have assailed this judgment before the Court of Sessions Judge, Mandla. In Criminal Appeal No.74/04. Learned Appellate Court though acquitted the applicants from the charges punishable under Section 498(A) of IPC, but convicting the applicant no.1 for offence punishable under Section 323 of IPC and applicant no.2 for the offence punishable under Section 354 of IPC vide judgment dated 19.11.2004 and sentencing them to pay fine of Rs.2000/ - and Rs.6,000/ -respectively with default stipulations, hence, this criminal revision under the provisions of the Sections 397/401 of the Code.

(3.) TO understand the case of the prosecution clearly it will be profitable to reproduce the facts of F.I.R. lodged by the complainant on dated 19.04.1999 which reads as under: -