MADHU KHAROL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal revision petition is against the judgment and order of sentence dated 31.1.2006 passed in Cri. Appeal No. 4/2006 under Sections 326, 324 and 341 I.P.C. filed by accused-petitioner by which learned Additional Sessions Judge No. 1, Chittorgarh maintained the judgment of conviction and confirmed the sentence awarded under Section 326 I.P.C. for five years R.I. and fine of Rs. 2,000/-, under Section 324 I.P.C. for one year R.I. and fine of Rs. 1,000/-, and under Section 341 I.P.C. one month S.I. vide order dated 4.1.2006 in Cri. Case No. 2/2006 (196/2004). It further reveals that the accused-petitioner filed this petition through jail that was previously treated as appeal but later on it is rectified and at the request of learned amicus curiae it was treated as revision.

(2.) Brief facts of the case are like that from the perusal of the record, it reveals that on 1.3.2004 the complainant Smt. Reshma wife of the accused petitioner lodged a report at Police Station Kotwali, Chittorgarh, that her husband always used to beat and harassed her and due to that she started to live separately at Keero Ki Jhoparia. She further states that her husband after getting information of residing there on 1.3.2004 when she was going for job, her husband came behind and assaulted her with knife. During that, he caused injuries on her nose and on other parts, she was medically examined. On her report a case No. 117/2004 under Sections 326, 324, 341, 498a I.P.C. was registered and after usual investigation, charge sheet was filed against accused-petitioner.

(3.) Learned Additional Chief Judicial Magistrate, Chittorgarh after concluding trial, on the basis of material available on record convicted the accused under the aforesaid sections vide judgment dated 4.1.2006, against the said judgment, accused petitioner filed an appeal before the Sessions Court, Pratapgarh from where the appeal was transferred for disposal to learned Additional District Judge, No. 1, Chittorgarh. Learned Sessions Judge, after hearing both the sides vide order dated 31.1.2006 maintained the order of conviction and sent him to jail for serving sentences against that the present revision petition is being heard.