ARVIND KUMAR SAXENA Vs. STATE OF M P

JUDGEMENT

(1.) This criminal revision under Section 397/401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), has been filed by the applicant/accused against the Judgment dated 28.02.2004 passed in Criminal Appeal No.49/2003 by learned Special Judge (Atrocities), Bhopal whereby the applicant has been convicted under Section 498-A of IPC and sentenced to undergo fine of Rs.50,000/- with default stipulation, modifying the judgment passed by learned JMFC, Bhopal on dated 28.02.2003 in R.T. No. 2516/98, whereby he has been convicted under Section 498-A of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.5,000/- with default stipulation.

(2.) The facts in brief are that the marriage between the applicant and the complainant Vibha was performed in the year 1983 according to Hindu Custom and Rituals, after marriage the couple were living together and having cordial marital relation. But, the complainant was subjected to physical assault and harassment by the applicant for fulfilling of Dowry demand. On 18.07.89 at about 11 p.m. the applicant asked complainant to bring money for depositing arrears of house rent and when she refused to do the same, complainant was again subjected to beating and thereafter was compelled to leave the home. On 01.03.1990 complainant Vibha lodged a complaint (Ex.P/1) at Mahila Police Station, Bhopal, which set the criminal law in motion and after completion of investigation a challan was filed against the present applicant under Sections 498-A and 494 of IPC.

(3.) Learned trial Court framed charge punishable under Sections 498-A, 494 and 406 of IPC against the applicant who abjured his guilt; therefore, he was put to trial.