JUDGEMENT
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(1.)Ganga Sharan Dhawan (the appellant) challenges a judgment dated 19.05.2011 of learned Additional Sessions Judge in Sessions Case No.238/1/10 arising out of FIR No. 183/2008 registered at police station Rajouri Garden by which he was convicted under Section 498A IPC. By an order dated 23.05.2011, he was sentenced to undergo RI for two years with fine Rs. 50,000/-. Out of total fine, Rs. 45,000/- were to be paid as compensation to the victim.
(2.)The appellant was married to Sunita Dhawan on 23.05.1987. A female child was born to the complainant in 1993 out of this wedlock. Allegations against the appellant were that on 30.03.2008 he gave beatings to the complainant at 10.00 A.M. and put some tablet in her moth as a result of which her condition became critical. She was taken to hospital at 05.30 P.M. Daily Diary (DD) No.45A was recorded at police station Rajouri Garden at 11.59 P.M. on 30.03.2008. It was assigned to ASI Hari Parkash who with Ct.Omparkash reached at Arjun hospital and collected complainant's MLC. The Investigating Officer recorded her statement (Ex.PW-3/A) and lodged First Information Report. She levelled allegations of cruelty on account of dowry demands. The Investigating Officer recorded statements of witnesses conversant with the facts during investigation. The accused was arrested. On completion of investigation, a charge-sheet was submitted in the court against the appellant for committing offences punishable under Section 498A/328 IPC. He was duly charged and brought to trial. The prosecution examined 8 witnesses to establish his guilt. In his 313 statement, the appellant denied the allegations and pleaded false implication. He examined five witnesses in defence. On appreciating the evidence and after considering rival submissions of the parties, the Trial Court by the impugned judgment convicted him under Section 498A IPC. He was, however, acquitted of the charges under Section 328 IPC. It is relevant to note that the State did not prefer any appeal against acquittal under Section 328 IPC.
(3.)During the course of arguments in appeal, on instructions, appellant's counsel stated at Bar that the appellant has opted not to challenge the findings of the Trial Court on conviction under Section 498A IPC. He, however, prayed to take lenient view as the matter has been settled with the complainant and she has no grievance against him.
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