OM PRAKASH Vs. STATE OF U P
LAWS(ALL)-1999-4-103
HIGH COURT OF ALLAHABAD
Decided on April 17,1999

OM PRAKASH Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) B. K. Rathi, J. This revision under Sections 397/401, Cr. P. C. has been filed against the order dated 22-8-1998, passed by 1st Additional District and Sessions Judge, Muzaffarnagar in Criminal Appeal No. 27 of 1997.
(2.) LIST has been revised. None is present. However, I have gone through the order and the record. The facts giving rise to this revision are as follows:- The complainant Smt. Babeeta daughter of Magan Deo was married on 20-4-1993 with revisionist Om Prakash. She gave an application to S. P. , Muzaffar nagar on 12-12-1993. On that application an F. I. R. was recorded under Sections 323, 498-A, I. P. C. and under Section 3/4 of Dowry Prohibition Act against the ap plicant and six other members of family. The police after investigation of the case submitted charge. The learned Magistrate after recording evidence convicted ac cused persons for the offence under Sec tions 323/498-A, IPC and under Section 3/4 Dowry Prohibition Act and sentenced them to various terms of imprisonment and fine. Aggrieved by that order, Criminal Appeal No. 27 of 1997 was preferred in which impugned order was passed. The appeal was partly allowed and conviction and sentence of six accused was set aside. However, the conviction and sentence of Om Prakash was maintained and he was sentenced to undergo one year R. I. and to pay a fine of Rs. 1,000/- under Section 498-A, IPC and to pay a fine of Rs. 500 under Section 323, IPC and also fine of Rs. 500 under Section 3/4, Dowry Prohibi tion Act and sentences in default. Ag grieved by this order, present revision has been filed. I have carefully gone through the evidence. An FIR was lodged by Smt. Babeeta wife of Om Prakash against him. The is allegation of cruelty and demand of dowry and assault. It is alleged that complainant and her father were assaulted on 4-10-1993. Both were examined to prove the case. One contusion and one abrasion were found on the person of Magan Deo and three contusions were found on the person of Smt. Babeeta. In my opinion, the applicant was rightly con victed.
(3.) AS regard sentence, same is not severe. Revision is accordingly fit to be rejected. The trial Court will send the ap plicant to jail to serve out the sentence and will take steps for the recovery of fine. Revision dismissed. .;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.