ABDUL RASID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition under Sec. 397/401 Cr.P.C. has been filed by the petitioner challenging the judgment dtd. 2/7/2013 passed by learned Additional Sessions Judge, Sojat, District Pali (hereinafter referred to as Rs.the Appellate Court') in Criminal Appeal No. 30/2012 by which the Appellate Court dismissed the appeal of the petitioner and upheld the judgment dtd. 4/9/2012 passed by the learned Judicial Magistrate, Sojat, District Pali (hereinafter referred to as Rs.the Trial Court') in Criminal Regular Case No. 736/2007, whereby, the learned Trial Court convicted the petitioner for offence under Sec. 498A IPC and sentenced him to undergo six months' S.I. and a fine of Rs. 1,000/-, in default of payment of fine, further undergo one month's S.I.

(2.) Brief facts of the case are that on 10/9/2007, complainant Shahnaj Bano submitted a complaint before the concerned Court to the effect that she was subjected to cruelty by her husband and in-laws for dowry. The concerned Court sent the complaint to the concerned Police Station under Sec. 156(3) Cr.P.C. Upon which, the police registered the case against the accused persons including the present petitioner and started investigation.

(3.) On completion of investigation, the police filed challan against the accused persons including the petitioner for offences under Ss. 498A, 406, 323 IPC. Thereafter, the charges of the case were framed against the accused persons including the petitioner, who denied the charges and claimed trial.