MUKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has filed this criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure being aggrieved by the judgment dated 19.08.2019 passed in Criminal Appeal No. 108/2017 by I Additional Sessions Judge, Nasrullaganj District Sehore; whereby affirmed the conviction under Sections 498-A, 323 of I.P.C. and section 4 of the Dowry Prohibition Act and has been sentenced to undergo rigorous imprisonment for one year with fine of Rs.400/-, rigorous imprisonment for one month with fine of Rs.100/- and rigorous imprisonment for one year with fine of Rs.400/-, respectively, with default stipulations, passed by the Court of learned JMFC, Umariya in R.T. No.335/2010 in judgment dated 10.01.2017.

(2.) The case of the prosecution against the applicant, in short, is that victim Sangita Bai (PW-1) solemnized marriage with applicant Mukesh Prajapati five years ago. After marriage, the applicant demanded dowry from his wife and on account of non-fulfillment of the demand, the applicant along with his sister and mother started harassing, beating her and ultimately expelled her from the house. When she reached her maternal home, she lodged the report Ex.P/1 in Padamnagar Chowki, Khandwa. The police started inquiry and found that victim was subjected to cruelty and she was beaten by the applicant as well as other persons and this all incident happened at the house of applicant situated in village Seelkanth,which falls in the territory of police station, Nasrullaganj. Then this report was sent to the police station, Nasrullaganj, thereafter, first information report was lodged in police station, Nasrullaganj and Crime No.213/2010 for the offence under Sections 498-A, 323, 506 of the I.P.C. and section 3/4 of the Dowry Prohibition Act was registered against the applicant. The victim was sent for examination. Dr.Bhushan Pandey (PW-7) examined the victim and provided MLC report Ex.P/5. Investigating Officer Ravishankar (PW- 6) recorded the statements of Sangita Bai (PW-1), Lokesh Prajapati (PW-2), Gita Bai (PW-3), Basu Bai (PW-4) and Mamta Bai (PW-5). After investigation, charge sheet has been filed. Learned trial Court framed the charges against the applicant. The applicant abjured his guilt. The prosecution examined the witnesses to bring home the charges.

(3.) The applicant while examination under Section 313 Cr.P.C. simply took the defence that he has falsely been implicated. He is innocent. He had not produced any witness in defence. Learned trial Court after hearing both the parties convicted the applicant along with other co-accused Shanubai and Manjubai for the offence punishable under Sections 498- A, 323, 506-II and Section 3/4 of the Dowry Prohibition Act. Co-accused Shanubai and Manjubai along with applicant preferred an appeal against their conviction and sentence registered as Cr.A.No.108/2017. Learned appellate Court I Additional Sessions Judge, Nasrullaganj vide judgment dated 19.08.2019 acquitted accused Shanubai and Manjubai and affirmed the conviction and sentence passed against the applicant. The applicant being aggrieved by the aforesaid affirmation of conviction and sentence passed against the applicant preferred this criminal revision on the ground that Sangita Bai (PW-1) is not a legally wedded wife of the applicant. All the witnesses admitted that previous husband of Sangita Bai was Jitendra. One female child Palak was born out of that wedlock. She neither took divorce from Jitendra nor by Hindu customs ritual and rites, she started living with the applicant. The applicant neither demanded any dowry nor beat her. The strained relations developed between the both on petty matters and she left the applicant and lived along with her parents and there they lodged a false report. Therefore, it has been prayed that this revision be allowed and set aside the conviction and sentence passed against the applicant.