SURESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard Mr., learned counsel appearing on behalf of the petitioner and Mr. Rajesh Bhati, Public Prosecutor.

(2.) The instant petition under Sec. 397/401 of the Code of Criminal Procedure (for short hereinafter referred-to as "the Code") is directed against the judgment and order dated 11.12.2002 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) and Addl. Sessions Judge, Pratapgarh in Criminal Appeal No.4/2002 sustaining the conviction of the petitioner under Sec.498A Penal Code and sentence of simple imprisonment for one and half years and a fine of INR 1000.00 and in default of payment of fine, further simple imprisonment for a period of one month.

(3.) The prosecution case in short is that on 14.12.1998, Hemlata w/o Suresh did file a complaint in the court of learned Judicial Magistrate, Pratapgarh under ss.498A and 406 Penal Code against the petitioner and four others viz; Smt. Ghisi Bai, Guddi, Bal Mukand and Prem Bai. The complaint was forwarded to the jurisdictional Police Station for investigation under Sec.156(3) of the Code following which chargesheet was laid against the petitioner, Ghisi Bai and Guddi Bai only. The charge was framed against the chargesheeted persons to which they pleaded not guilty. The prosecution examined several witnesses including the prosecutrix Hemlata and others. Eventually, on the basis of the evidence on record, the learned trial court convicted and sentenced the accused petitioner only under Sec. 498A IPC, while releasing his co-accused on probation for a period of one year.