CAV Order

1. Applicant has preferred this criminal revision under Section

397/401 of the Criminal Procedure Code, 1973 (henceforth 'the CrPC') feeling partially aggrieved by the judgment dated 11.2.2016 passed in Criminal Appeal No.1/2016 whereby learned Additional Sessions Judge, Pratappur, District Surajpur (CG) partly allowed the criminal appeal of applicant, modified the judgment dated 17.12.2015 passed by the Judicial Magistrate 1st Class, Pratappur, District Surajpur (CG) in Criminal Case No.502/2011 and while acquitting the applicant from the charges under Sections 325 & 498A of the Indian Penal Code, 1860 (for short 'IPC'), convicted him under Section 323 of IPC, confined the sentence to the period of detention already undergone by him and imposed fine of Rs.1000/- with default stipulation.

2. Facts of the case, in brief, are that marriage of applicant and complainant was solemnized in the year 2000 and from their wedlock, they have been blessed with two children. In the month of April, 2010 applicant started beating his wife and asking her for divorce, therefore, she came back to her parental home and started residing there. On 09.04.2011 when the complainant was going to her