High Court doubted propriety of one-year term already partially undergone. Petitioner convicted under Section 498A IPC. Court quashed original sentence; upheld conviction with reduced term (previously served) and increased fine.
Conviction maintained; sentence reduced to 16 days term already served; fine enhanced to Rs. 4,000.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(9
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Criminal Revision N0. ..ML.^.../2001
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PETITIONER
ACCUSED
(UNDERCUSTODY)
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Shyam Bihari Gupta S/o. ^raduman Sao
aged about 29 years R/o. Village Lahanpur
P.S. & Tah. Sitapur, Distt.Surguja (C.G.)
VERSUS
RESPONDENT
State of Chhattisgarh
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Conviction
Sentence
^^^~ One year R.l. and fine sentence ofRs.500/-V...
Under Section
498(A)I.P.C.
REVISION APPLICATION UNDER SECTION 397/401
CRIMINAL PROCEDURE CODE
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HIGH COURT OF CHHATTISGARH. BILASPUR
Criminal Revision No.414of2001
PETITIONER/: Shyam Bihari Gupta
(Accused) (Under Custody)
Versus
RESPONDENT: State of Chhattisgarh
{Revision application under Section 397/401 Criminal Procedure Code}
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Present:
None present for the applicant.
Mr. S.R.J. Jaiswal, Panel Lawyerforthe State.
Sinale Bench: Hon'ble Mr. T.P. Sharma. J
ORDER
(6-9-2012)
Page2of2
Cr.R.No.414/2001
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Section 498A of the IPC. As regards the question of sentence, after dismissal of appeal dated 19-9-2001, the applicant was incustody at least till 5-10-2001 i.e. for about 16days. Considering the matrimonial dispute, 1 do not find any propriety for sentencing the applicant to undergo Rl for one year.
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Soma
Sd/T.P. Sharma Judge
3 issues framed by the court
Whether conviction under Section 498A of IPC involved any illegality.
Whether the one-year imprisonment sentence was proper given the defendant had already undergone custody for 16 days.
Whether the revision against conviction and sentence should be allowed or dismissed.
2 provisions across 2 enactments
Shyam Bihari Gupta
State of Chhattisgarh
T.P. Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
