KRISHNA BAHADUR RAWAT (CHETTRI) Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THIS Appeal is directed against the Judgment dated 16.07.2014 passed in Sessions Trial Case No. 02/2014 by the Sessions Judge, West Sikkim, Gyalshing. By the impugned judgment, while recording the acquittal of the Appellant under Section 306 IPC, he has been convicted under Section 498 -A IPC and sentenced to undergo S.I. for one year and to pay a fine of Rs. 1,000/ - with default sentence of S.I. for 3 months.

(2.) THE facts, briefly, stated are as under: - -

(3.) ON the other hand, Mr. Karma Thinlay, learned Additional Public Prosecutor appearing on behalf of the State, has opposed these arguments and supported the judgment passed by the Sessions Court. He also argued that the offence under Section 498 -A is a continuing offence, therefore, even if the alleged cruelty was not in close proximity, it would make no difference. He emphasized upon the evidence of Santa Kumar Chettri (P.W. 15) and Krishna Kumari Chawan (P.W. 17) and argued that cruelty was proved on the evidence of these two witnesses, therefore, the conviction was fully justified.