CHANDNING Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the learned counsel for the accused -petitioner as well as learned Public Prosecutor. This Criminal Revision Petition under Sec. 397 read with Sec. 401 CrPC has been filed against the order dated 31.10.1995 passed by learned Sessions fudge, Rajsamand in Cr. Appeal No. 63/1991 whereby appeal was partly allowed and while acquitting from charge of offence under Secs. 498A & 176 IPC, maintained the conviction of the appellant -accused under Sec. 201 IPC and the sentence of 06 months' rigorous imprisonment therefor, passed by learned Munsif & Judicial Magistrate, Deogarh in Cr. Case No. 763/1986 vide order dt. 19.09.1989.

(2.) BRIEF facts of the case are that a belated information was forwarded on 07.03.1985 by complainant Bhanwar Lal to the Dy. S.P., Bhim etc, inter alia, alleging that his niece Anwal was maltreated by her husband, sister -in -law etc and that application was sent by the Dy. S.P. to the SHO, Deogarh for registering First Information Report. Then, on that basis, on 29.03.1985 FIR No. 42/1985 for offence under Sec. 306, 201, 176 IPC was registered. After due investigation, the Police filed challan against the accused -petitioner and others for offence under Secs. 498A, 176 & 201 IPC.

(3.) THE appeal filed by the accused -petitioner against aforesaid order of conviction and sentence passed by the trial Court was partly accepted by the learned Sessions Judge, Rajsamand vide impugned judgment dt. 31.10.1995 whereby conviction and sentence awarded to the accused -petitioner for offence under Sec. 201 IPC was maintained but conviction for offence under Secs. 498A & 176 IPC was set aside. Aggrieved by the impugned judgments of conviction and sentence passed by both the Courts below, the accused -petitioner has filed present Revision Petition.