RAJU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision has been preferred by the applicant being aggrieved by the judgment of conviction and order of sentence dated 11.9.2006, passed by learned 1st Additional Sessions Judge, Tikamgarh, in Criminal Appeal No. 103/2005, whereby modifying the judgment of conviction and order of sentence passed by Trial Court dated 27.6.2005, for the offences punishable under Section 498A of IPC and sentenced to undergo one year rigorous imprisonment and fine of Rs. 200. The prosecution story in brief is that on 20.5.1998 a written complaint was filed at Police Station, Mohangarh, District Tikamgarh, against the applicant, it is alleged that Smt. Mamta was performed marriage with the applicant before 5-6 years back and after the marriage at about 1 1/2 years, the applicant was tortured to Smt. Mamta, who came back to her parents house. The complainant was tortured and beaten over there also and after completion of investigation the applicant was charge-sheeted.

(2.) The learned Trial Judge on the basis of the evidence placed on record found the charges to be proved and eventually convicted the applicant and passed the order of sentence mentioned herein above.

(3.) Mr. Shashank Upadhyay, learned Counsel for the applicant had taken me through the entire evidence and submitted that the learned Courts below have committed error in holding the applicant guilty under Section 498A of IPC.