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2023 Supreme(MP) 340

ACHAL KUMAR PALIWAL
Shiv Shankar – Appellant
Versus
State of M. P. – Respondent


Advocates appeared:
Chandrahas Dubey for petitioners; Dinesh Patel, Deputy Government Advocate for respondent No. 1/State.

ORDER

1. This criminal revision under section 397/401 of Cr.PC. has been preferred against the judgment dated 21.1.2016 passed by learned Second Additional Sessions Judge, Umaria in Criminal Appeal No.62/2009 (Shiv Shankar and others v. State of MP), whereby judgment dated 28.11.2007, passed by the learned Chief Judicial Magistrate in Criminal Case No. 266/1999 convicting the petitioners for commission of offence under section 498-A/34 of IPC has been affirmed but sentence of 2 years RI and fine of Rs.1000/- with default stipulation has been modified & petitioners have been sentenced to imprisonment till rising of court & fine enhanced to Rs. 5,000/- with default stipulation.

2. Brief facts relevant for the disposal of present revision are that complainant Pratibha Dubey lodged a written report against the petitioners with respect to demand of dowry and harassment and on the basis of written report lodged by complainant, FIR under section 498- A/34 of IPC was registered against the petitioners and co-accused persons and after investigation, charge sheet was filed against petitioners and co-accused persons under section 498-A/34.

3. Learned trial Court vide judgment dated 28.11.20007

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