MADHU SHARMA Vs. YASHPAL

JUDGEMENT

(1.) The present criminal revision has been filed by the complainant (petitioner-herein) in the police case arising out of FIR No. 200 dtd. 26/10/1999, registered under Ss. 498-A, 406, 323, 148, and 149 of the IPC, at Police Station Division No.1, Pathankot, District Pathankot, Punjab.

(2.) Trial in the above-mentioned case was conducted in the Court of Judicial Magistrate, Ist Class, Pathankot. Initially, the challan in the case was filed against accused Yash Pal, Chander Mohan (Respondent No.3-herein), Sneh Lata, and Arvind Kumar. However, later on, accused Rajinder Kumar and Pt. Ram Lubhaya were also summoned as additional accused under Sec. 319 of the Code of Criminal Procedure. The trial Court framed charges under Ss. 406, 498-A, 323, read with Sec. 34 of the Indian Penal Code against all the accused.

(3.) The trial Court, vide judgment dtd. 13/8/2007, acquitted all the accused of the charges framed against them under Ss. 498-A, 323, read with Sec. 34 of the IPC. However, the trial Court convicted accused Chander Mohan (Respondent No.3-herein) under Sec. 406 of the IPC, while all other accused were acquitted of the charge under Sec. 406 of the IPC as well. Accused Chander Mohan (Respondent No.3-herein) was sentenced to undergo rigorous imprisonment for 2 years and to pay a fine of Rs.2000.00; in default of payment of fine, he was to undergo further rigorous imprisonment for 3 months for the offence committed under Sec. 406 of the IPC.