KISHAN GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition is preferred aggrieved from order dtd. 28/6/2004 in criminal appeal No. 05/1995 passed by learned Additional Sessions Judge, Sambhar Lake, District Jaipur whereby appeal of present petitioner against order of conviction and sentence dtd. 19/1/1995 in Criminal case No. 245/1991 passed by learned Additional Chief Judicial Magistrate Sambhar Lake, Jaipur was dismissed and sentence and conviction was upheld.

(2.) By impugned judgment dtd. 19/1/1995 Learned Additional Chief Judicial Magistrate after convicting present petitioner under Sec. 498A IPC sentenced him for simple imprisonment of one year with fine of Rs.500.00.

(3.) Learned counsel for petitioner relying upon grounds of revision petition has submitted that in the instant case a false report was filed by the complainant and police without any proper investigation has filed charge-sheet against the petitioner. He also submitted that it was purely a matrimonial dispute arising out of failure of marriage and no cogent evidence was led by the prosecution to establish that after marriage with Premlata the petitioner has committed any cruelty to demand dowry. He also submitted that the evidence of PW-1 Premlata was not supported by any one and her testimony is not reliable but the Trial Court without considering the cross-examination and defence of petitioner convicted the petitioner on surmises and conjecture. At last, he submitted that the petitioner remained in custody for some time and its first offence so he is entitled to be released on probation or sentence already undergone.