Dasrath Bhuinya v. State of Jharkhand
Case brief
What is this about?
In this revision, Justice Deepak Roshan sustained the conviction for offences under Sections 498A and 34 IPC but modified the sentence from rigorous imprisonment and a fine to a fine of Rs.15,000 considering the long pendency and time served in custody.
What did the court decide?
Sentenced to undergo period already undergone subject to payment of fine of Rs.15,000/- depositable before Secretary, D.L.S.A., Dhanbad within four months.
What the court decided
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 730 of 2009
Dasrath Bhuinya ….. Petitioner Versus
- The State of Jharkhand 2. Champa Devi ….. Opposite Parties
CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN
--------For the Petitioner : Mr. Jitendra Tripathi, Advocate For the State : Mr. Shailesh Kr. Sinha, APP --------
05/ 18.01.2023 Heard learned counsel for the parties.
2. The instant revision application is directed against the judgment dated 20.04.2009, passed by learned Additional Sessions Judge, Fast Track Court No.1st , Dhanbad , whereby the Cr. Appeal No. 254 of 2008, preferred by the petitioner has been dismissed and the judgment of conviction and order of sentence dated 16.08.2008 in G.R. No. 4153 of 2005, corresponding to T.R. No. 1244 of 2008, passed by the learned Judicial Magistrate 1st Class, Dhanbad, whereby the petitioner was convicted and sentenced to undergo rigorous imprisonment for two years and penalty of Rs.5000/- under Section 498A/34 of the Indian Penal Code, and in default of penalty, further two months additional imprisonment, has been affirmed.
Issues for consideration
2 issues framed by the court
Whether the conviction under Sections 498A/34 IPC needs interference in the revision.
Whether the sentence passed requiring rigorous imprisonment and fine can be modified.
Parties & counsel
- petitioner
Dasrath Bhuinya
- respondent
The State of Jharkhand
- respondent
Champa Devi
Coram
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · January
- Registered
- Case no.
- Cr.Rev./730/2009
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