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2022 Supreme(Chh) 337

PARTH PRATEEM SAHU
Shudhakar, S/o. J Bhursabo – Appellant
Versus
State Of Chhattisgarh, through District Magistrate, Mahasamund, District Mahasamund – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Smt Indira Tripathi, Advocate
For the Respondent/State: Shri Ishan Verma, PL

JUDGMENT :

Parth Prateem Sahu, J.

1. Challenge in this Criminal Revision is to the order dated 15.03.2011 passed by the First Additional Session Judge, Mahasamund in Criminal Appeal-98 of 2009, whereby learned Appellate Court affirmed the judgment of conviction and sentence passed by learned Judicial Magistrate First Class, Pithora, District Mahasamund in Criminal Case-30 of 2009, wherein applicant was convicted under Section 498A of IPC and sentenced to undergo one year RI and to pay fine of Rs.500/- with default stipulation.

2. Facts of case in brief are that complainant- Phoolmatibai (PW1), wife of applicant lodged written report before Superintendent of Police, Mahasamund, District-Mahasamund on 15.09.2006, pleading therein that she was married to applicant; from their wedlock they were blessed with three girl children; applicant used to assault her, he kept another girl-Nalini as his wife and left complainant and children at her parents’ house. On application of complainant, a community meeting was convened, and the decision taken in meeting was not complied by applicant. Thereafter, report was lodged. Based on written report, concerned Police Station registered FIR on 04.05.2007

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