ORDER :

Farjand Ali, J.

The instant Criminal Revision Petition has been preferred by the petitioner Suresh Kumar under Section 397 /401 of the Cr.P.C. against the judgment dated 13.07.2020 passed by the learned Additional Sessions Judge (Women Atrocities Cases), Udaipur in Criminal Appeal No.122/ 2017 whereby the learned Judge dismissed the appeal filed against judgment of conviction dated 13.11.2017 passed by the learned Additional Chief Judicial Magistrate, Kanod in Case No.139/2009 by which the accused Suresh was convicted and sentenced as under:-

2. Heard learned counsel for the parties. Perused the material available on record and the judgment impugned.

3. Bereft of elaborate details the brief facts giving rise to the instant revision petition are that an FIR (Ex.P/16) came to be lodged on 12.05.2009 at the instance of one Lakshmi Lal P.W. 16 alleging inter alia that marriage of his daughter Shewta @ Heera P.W. 1 was solemnized with the petitioner Suresh 10 years ago. It is alleged in the report that for six months after the marriage, everything was fine but subsequently his daughter was subjected to cruelty by her husband and in laws in connection with demand of dowry. It was alleged that on 11.05.2009 his daughter was ousted from her matrimonial home that promoted him to lodge the FIR on 12.05.2009. It has been further alleged that one Sampat Paneri informed him that petitioner has solemnized second marriage with Ms. Rekha Salvi but he was not having knowledge regarding whereabouts of Ms. Rekha.

4. On the basis of the above information, police registered a case No.39/2009 and investigation was commenced. Thereafter, on the basis of collection of evidence, charge sheet for the offence under Section 498A, 406, 494 and 323 of the IPC was filed in the trial Court. The learned trial Judge framed the charges against the petitioner and inlaws Mangilal, Phulibai, Kishan Lal and Laxmi Lal. It is reflecting that the accused Mangilal, Phulibai, Kishan Lal and Laxmi Lal were exonerated by the Court below and only the accused Suresh was tried and convicted.

5. Indisputably, the marriage of the petitioner got solemnized with Smt. Shewta @ Hira P.W.1, 10 years prior to lodging of the FIR; she states that after her marriage she stayed at matrimonial home for 2-4 years and spent marital life with full merth and merriment and where after her husband and inlaws used to rebuke her and she had been subjected to cruelty for want of dowry. She further stated that after 3-4 years of her marriage; a demand of Rs.25,000/- was raised by her inlaws. At one point of time her mother in law put hot cooker on her hands. She further stated that prior to few days of lodging of the FIR, she was ousted from her matrimonial home. She further alleged that her husband had re-married with another lady named Ms.Rekha and her husband refused to stay with him. It has been further alleged that on one occasion Rs.35000/- was further demanded as a dowry. She admitted that she was living along with her husband since the apportionment of the property was done between petitioner and his brothers. She only heard about solemnization of re-marriage of her husband from someone else; but had no personal knowledge regarding fact of second marriage. She also admitted that until she left her matrimonial home, all ornaments and valuable