HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision No. 12/2011
Shri Narayan son of Shri Kajod Mal, aged 35 years, by caste
Meena, resident of Kalota, Police Station Kolwa, District Dausa
(Rajasthan)
(At present in District Jail, Sikar)
—-Petitioner
Versus
1.The State of Rajasthan, through P.P.
2. Smt. Manju Devi wife of Shrinarayan D/o Gulzari Lal, by caste
Meena, resident of Ward No.22, Near Court, Shrimadhopur (Raj.)
—-Respondent
For Petitioner(s) : Mr.Amit Singh Shekhawat
For Respondent(s) : Mr.V.S.Godara, PP
Mr.Rinesh Gupta, for complainant
HON’BLE MR. JUSTICE DEEPAK MAHESHWARI
Judgment / Order
11/05/2018
Heard learned counsel for the accused-petitioner, the Public
Prosecutor, appearing for State as also learned counsel for the
complainant.
This revision petition has been preferred on behalf of the
accused petitioner to assail the judgment dated 14.12.2010
passed by learned Addl. Sessions Judge (Fast Track) No.2, Sikar
H.Q. Srimadhopur whereby he upheld the judgment dated
14.7.2010 passed by learned Addl. Chief Judl. Magistrate No.1,
Srimadhopur (Sikar), by which the learned trial court has
convicted the accused petitioner for the offence under Sec. 498A
and 406 IPC and sentenced him for the period of two years’ SI
(2 of 5) [CRLR-12/2011]
with a fine of Rs.1,000/- for the offence under Sec.498A IPC, and
imposed the sentence of six months’ SI for the offence under
Sec.406 IPC. Default sentence for ten days was also awarded.
Learned counsel for the petitioner contends that the courts
below have not properly appreciated the evidence adduced by the
prosecution witnesses. The inconsistency and contradiction
amongst the prosecution witnesses have been ignored. There is
misreading and non-reading of the material evidence and the
judgments have been passed on mere conjectures and surmises.
It has further been contended that the respondent-wife Manju
Devi had left the matrimonial home in the year 1995, just after
almost a year of the marriage but the FIR was lodged on 1.8.2000
which has been filed with inordinate delay. This fact has also not
been considered by the courts below. Learned counsel has further
contended that the wife was suffering from mental illness. There is
evidence on record to show that she was treated by psychiatrics
Dr. Shiv Gautam and Dr. Vyas. In order to deviate the matter from
the actual controversy, allegations of causing cruelty were made
against the petitioner which are baseless. It has also been
contended that since there was no electricity available in the
village, allegation of demand for dowry articles like T.V. and fridge
are baseless. Learned counsel submits that both the courts below
have failed to consider these material aspects while pronouncing
the judgments impugned and, therefore, same are liable to be
quashed and set aside.
Per contra, learned counsel appearing for the complainant-
respondent has taken the objection at the outset that since the
(3 of 5) [CRLR-12/2011]
concurrent findings have been recorded by both the courts below
in regard to the offences under Sec.498A and 406 IPC, this court
while exercising the revisional jurisdiction, cannot reappreciate the
evidence. To support his contention, he has placed reliance on AIR
1975 SC 1960-Duli Chand Vs. Delhi Administration. He
further contends that even on factual aspect, the plea taken by
rival sides is not justified. During the examination of the accused
under Sec. 313 Cr.P.C., he has not stated that the complainant
wife was suffering from any mental disorder. No defence witnesses
in regard to such disorder have been examined. Counsel further
states that the complainant PW-1 has specifically stated in her
examination in chief that at the time of her marriage, she was
studying in Class XII. It has also come during cross-examination
of PW-6 Samarthi Lal Meena that Manju was undergoing training
of B.Ed and prior to that she was serving in private school. It
clearly indicates that she was not suffering from any mental
disorder. Learned counsel for the respondent also contends that no
legal issue has been raised by learned counsel for the petitioner to
show that how the judgments impugned suffer from any illegality
or infirmity for which the revision petition is liable to be allowed.
Therefore, he prays that the revision petition deserves to be
dismissed.
I have gone through the evidence available on record and
the judgments impugned. At the outset, it may be observed that
both the courts below have given concurrent finding of fact as
regards the charge framed for the offence under Sec. 498A and
406 IPC. In view of the judgments relied upon by the learned
counsel for the respondent in Duli Chand’s Case (supra), it is
(4 of 5) [CRLR-12/2011]
established legal proposition that when there is concurrent finding
of fact, the evidence cannot be re-appreciated in the revision
preferred. The jurisdiction of this court in criminal revision is
severely restricted and it cannot embark upon re-appreciation of
evidence. On going through the judgments impugned, this court
finds that same cannot be found to have suffered from any
illegality or infirmity on account of mis-reading and non-reading of
material witnesses. Immetarial contradictions in the statements of
prosecution witnesses on the point as to after how much period
complainant came back to her maternal home, cannot be
presumed as material evidence. Such inconsistency in the
evidence can safely be ignored and the judgments passed by the
courts below cannot be said to have suffered from infirmity on this
count.
Main plea which has been taken by the learned counsel for
the petitioner is that the complainant was suffering from mental
disorder. She got married with petitioner while suppressing this
fact. But in my considered view, the courts below have rightly
rejected this plea. PW-1 Manju has stated that at the time of her
marriage, she was studying in Class XII. This fact clearly negates
the plea taken by the learned counsel for the petitioner. The
prosecution witnesses have stated that because of harassment
and ill-treatment to the complainant, she got mentally disturbed.
It has also been admitted by the prosecution witnesses including
the complainant that she was treated by psychiatrics Dr.Vyas and
Dr.Shiv Gautam but the complainant has denied that she was
completely insane. In these circumstances, it cannot be inferred
that the complainant was suffering from mental disorder and this
fact was suppressed at the time of her marriage. It is further to be
(5 of 5) [CRLR-12/2011]
observed that no such stand has been taken by the accused
petitioner during his examination under Sec. 313 Cr.P.C. Moreso,
no witness has been examined in defence, and no documentary
evidence has been produced to show that the complainant was
suffering from mental illness prior to marriage. This is sufficient to
infer that the plea now being raised by the counsel for the
petitioner is baseless and mere an after thought.
The charge against the accused petitioner was for the
offence under Sec. 498A and 406 IPC. For the allegation of
aforesaid offences, this cannot be a plausible defence that the wife
was suffering from mental illness. Even for the sake of arguments,
it is presumed that she was suffering from mental illness, it cannot
justify the conduct of the husband to treat her with cruelty and to
harass her to meet the demand for dowry.
In substance, the ground raised by learned counsel for the
petitioner do not at all justify to make any inference in the
judgments impugned by this court while exercising the revisional
jurisdiction.
In the result, this court finds no substance in the revision
petition and the same is dismissed accordingly.
(DEEPAK MAHESHWARI),J
sandeep/-49