NANDLAL DEWANGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Initially on the basic of FIR (Ex. P-8) lodged by complainant PW-2 the accused/applicant herein and his brother, mother and sister-in-law were made accused for subjecting the complainant to cruelty demanding Rs. 1,00,000/- for dowry. However, learned trial Court vide judgment dated 03.03.2004 convicted only the accused/applicant herein but acquitted all others of the charges levelled against them. Hence this revision.

(2.) Allegation against the present applicant is that after the birth of a male child who unfortunately had an orifice in his heart coupled with closer of his palate, the accused/applicant dropped his wife (PW-2) at her parents house and never tried to get her back. It is alleged that whenever the complainant returned to matrimonial house, the accused/applicant used to beat her and also forced her to go back to her parents' house and return only after she got Rs. 1,00,000/- from her parents. For considerable period of time she was made to live in her parents' house along with her small child with the medical problem mentioned above.

(3.) Counsel for the accused/applicant submits that the judgment impugned convicting the accused/applicant u/s 498-A IPC and sentencing him to undergo RI for seven days with payment of fine of Rs. 200/- is not based on the evidence collected by the prosecution and, therefore, the same is liable to be set aside.