Partly allowed

Rajendar Kandu And Ors. v. State of Jharkhand

Jharkhand HC2 Jan 2023Cr.Rev./875/2003

Case brief

AI extract

What is this about?

In a revision against a sentence under Section 498 IPC, the court accepted that the dispute between the parties was settled and that one petitioner (a female) had died. Consequently, the sentence of the surviving petitioners was modified to the period already undergone, and they were discharged from bail liability.

What did the court decide?

The sentence was modified to the period already undergone; surviving petitioners discharged from bail bond liability; application disposed of with these modifications.

Rajendar Kandu And Ors. Vs State of… — Constitutional and Fundamental Rights | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Revision No.875 of 2003

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Rajendar Kandu

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Chameli Devi

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Jitan Saon

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..… Petitioners

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Versus

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The State of Jharkhand

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Meena Devi ….. Opp. Parties

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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner : Mr. Hemand Kumar Shikarwar, Advocate For the Opp. Parties : Mr. Vishwanath Ray, Spl.P.P. Counsel for O.P. No.2?

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08/02.01.2023 Heard learned counsel for the parties.

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2. This criminal revision application is directed against the judgment dated 10.07.2003 passed by the learned Additional Sessions Judge, Fast Track Court No. IV, Hazaribagh in Criminal Appeal No. 63 of 1997, dismissing the appeal and upholding the judgment of conviction and order of sentence dated 05.03.1997 passed by the learned Judicial Magistrate, First Class, Hazaribagh in G.R. Case No. 2567 of 1991, corresponding to T.R. No.50 of 1997, whereby the petitioners have been convicted and sentenced to undergo rigorous imprisonment for three years each for offence punishable under Section 498 A of the Indian Penal Code.

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3. During course of argument learned counsel for the petitioner draws attention of this court towards the supplementary affidavit dated 25.09.2021 and a copy of compromise petition dated 24.07.2021 annexed with the said supplementary affidavit, both filed in Criminal Miscellaneous Petition No. 633 of 2021. Learned counsel for the petitioners submits that the supplementary affidavit was part and parcel of the said restoration application and that now both the parties, i.e. Opp. Party No.2 and her husband Petitioner No.1 are now living together without any dispute as they have settled their dispute outside the court.

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4. Learned Spl.P.P. submits that the instant application may be disposed of as the parties are living together without any dispute.

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5. Having regard to the facts of the case and the compromise application filed in Barkagaon P.S. Case No. 138 of 1991, corresponding to G.R.No. 2576 of 1991, photocopy of which was annexed with the supplementary affidavit filed in Cr.M.P. No. 633 of 2021, it appears that the dispute between the parties has been resolved with the help of family and friends and now O.P. No.2 is living together with Petitioner No.1 peacefully. As it appears from perusal of record in Cr.M.P. No. 633 of 2021, Petitioner No. 2 has already died

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6. In view of the aforesaid facts and development, interest of justice would be sufficed by modifying the period of sentence of the surviving petitioners.

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7. Thus, the sentence passed by the court below is hereby, modified to the extent that the surviving petitioners are sentenced to undergo for the period already undergone.

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8. The surviving petitioners shall be discharged from the liability of their bail bonds.

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9. With the aforesaid observations and modification in sentence only, the instant revision application is disposed of. 10. Let the copy of this order be communicated to the courts below and also to the surviving petitioners through the officer-in-charge of concerned police station.

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11. Let the lower court record be sent to the court concerned forthwith.

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(Deepak Roshan, J.)

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sm/

Rajendar Kandu And Ors. v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

Rajendar Kandu And Ors. v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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