GOPAL DAS Vs. STATE OF M P

JUDGEMENT

(1.) This revision is directed against the judgment dated 25.06.2009 of the learned Second Additional Sessions Judge Mandla, (Shri P.K. Tiwari) passed in Criminal Appeal No. 52/2008 by which the learned Judge has affirmed the judgment of conviction and order of sentence dated 19.02.2008 of the learned Judicial Magistrate First Class, Mandla (Shri Sanjay Singh) passed in Criminal Case No.816/04 by which the applicant has been convicted under Section 498-A of the IPC and sentenced to suffer rigorous imprisonment for one year with a fine of Rs.500/-, in default of which to further undergo rigorous imprisonment for one month.

(2.) Briefly stated, the prosecution case is that complainant Sita Bai (PW-1) made an oral report at Police Station Mandla on 18.06.2004 alleging that her parents are residents of Mandla town. Some day in the year 2000, they married her off with applicant Gopal Das who is a resident of village Jhurgi. Ramoli and Somawati are her father-in-law and motherin-law respectively and Chandali is her Nanad (sister-in-law). After her marriage, she resided in the joint family of the applicant with the aforesaid persons in village Jhurgi for a year. During that period, she was often subjected to cruelties, harassment and beatings by them coercing her to bring Rs.10,000/- in cash in dowry from her parents. As a result, she had to go back to live with her parents and there she gave birth to a daughter. She resided with her parents for about two years. Thereafter, the applicant took her back giving assurances that he and his family members would keep her with dignity and respect. She stayed with them for a period of three months. During that period, they used to torture, harass and beat her, saying that she had not brought Rs.10,000/- in cash in dowry. Some fifteen days prior to making of this report, they committed marpeet with her with kicks and fists and drove her out of the marital home, saying that they will keep her only when she has brought Rs.10,000/- with her in dowry. Upon the oral report of the complainant, Sub-Inspector R.S. Mandve (PW-9) recorded FIR Ex.P-1 and registered a case against the applicant, his parents and his sister Chandali under Sections 498-A and 34 IPC. Since the place of occurrence of the said offence was village Jhugri which falls under the territorial jurisdiction of Police Station Mohgoan of district Mandla, he sent the FIR to the said police station for taking further action as per law. On 19.04.2006 at Police Station Mohgoan, Sub-Inspector D.P. Lohiya (PW-12) recorded the formal FIR Ex.P-13 on the basis of FIR Ex.P-1 and registered the FIR at Crime No.92/2004 under Sections 498-A read with 34 IPC. ASI Virendra Singh (PW-11) investigated the case and filed a charge-sheet against the applicant, his parents and sister Chandali for their prosecution under Section 498-A IPC.

(3.) The learned Judicial Magistrate First Class framed charges against the applicant, his parents and sister Chandali under Section 498-A alternatively under Sections 498-A r/w 34 IPC. They abjured their guilt and prayed for trial. They denied all the evidence and the circumstances appearing against them in their examination under Section 313 of the Cr.P.C. Their defence was of false implication. In their defence, they examined one Pawan Das (DW-1).