KAILASH MONGARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision has been preferred by the applicant against the judgment dtd. 9/7/2010 passed by learned 1st Additional Sessions Judge, Mahasamund, Distt. Mahasamund (C.G.) in Criminal Appeal No. 01/2010 arising out of judgment dtd. 17/12/2009, passed by learned Judicial Magistrate First Class, Saraipali, Distt. Mahasamund (C.G.) (hereinafter referred to as 'JMFC'), in Criminal Case No. 755/2009.

(2.) According to the case of prosecution, the applicant is the husband of victim/complainant Kavita. Prior to two years from lodging the FIR, their marriage was solemnized. It is alleged that after some time of their marriage, the applicant and his family members were treated cruelty with the complainant on account of demand of dowry. They demanded Rs.50,000.00 and a motorcycle from the complainant as dowry. It is further alleged that when parents of the complainant and her grand maternal father reached the house of the applicant, at that time also, she was assaulted by the applicant and his family members. Thereafter, they have taken her with them. Later on, it was came into their knowledge that the applicant is already married with some other lady. On the basis of report made by the complainant, offence has been registered against the applicant.

(3.) After completion of investigation, a charge-sheet has been filed before the learned JMFC. Learned JMFC vide judgment dtd. 17/12/2009, convicted the applicant/accused for the offence punishable under Sec. 498-A of the IPC and sentenced him as mentioned in paragraph one of this judgment. Against the said judgment of learned JMFC, a criminal appeal has been preferred by the applicant/accused. Vide impugned judgment dtd. 9/7/2010, the Appellate Court affirmed the conviction for the offence punishable under Sec. 498-A of the IPC and also affirmed the sentence and the fine amount. Hence, this revision.