Tulsi Singh vs State Of Jharkhand And Others

Ambuj Nath, J

The petitioner has filed this revision application against the judgment dated 23.05.2009, passed by Sri C. P. Asthana, learned Sessions Judge, Jamtara in Criminal Appeal No. 04/2009, whereby and wherein, the learned Sessions Judge, Jamtara dismissed the appeal of the petitioner and upheld the judgment of conviction and order of sentence dated 29.04.2009, passed by Sri Ramjit Yadav, learned S.D.J.M., Jamtara in P.C.R. Case No. 294 of 1998, holding the petitioner guilty of offence under Section 498-A of the Indian Penal Code and thereby sentencing him to undergo rigorous imprisonment for two years alongwith a fine of rupees 3000/-, in default of payment of fine he was further directed to undergo imprisonment for one month. The fine amount was ordered to be paid to the opposite party no.2.

From the perusal of the record, it transpires that vide order dated 17.07.2009 this application was admitted for hearing on the question of sentence.

The prosecution case was instituted on the basis of complaint case filed by the complainant/ opposite party no. 2, Fulkumari Devi, alleging therein that her marriage was solemnized with the petitioner about one and half years ago. After marriage, she started residing at her matrimonial home. After 4 months of the marriage, the petitioner and his family members started demanding rupees 5,000/-, to enforce the demand she was tortured. She also gave birth to a child and subsequently she was driven away from her matrimonial home.

In order to prove its case, the complainant/opposite party no. 2 had adduced both oral and documentary evidence. On the basis of the evidence available on the record, both the learned trial court as well as the learned appellate court have come to a concurrent finding regarding the guilt of the petitioner.

The present case has been admitted only on the point of question of sentence and as such this court is constrained to not look into merits of the case by analyzing the oral testimony of the complainant/opposite party no. 2 and her witnesses. The marriage between the parties was solemnized in the year 1996 as it appears from the record that the parties are not residing together since last 25 years.

The petitioner has faced the rigors of trial for 25 years. Accordingly, I am of the view that the sentence of rigorous imprisonment for two years passed by the learned trial court is a bit excessive. Accordingly, the judgment of conviction holding the petitioner guilty of offence under Section 498-A of the Indian Penal Code is upheld. The order of sentence passed by the learned trial court is modified to the extent that the petitioner shall undergo rigorous imprisonment for 6 months for the offence under Section 498-A of the Indian Penal Code along with a fine of Rs. 3,000/-, in default of payment of fine, he will further undergo simple imprisonment for one month. The period already undergone by the petitioner during the course of trial and during the pendency of this revision application shall be set off.

This Criminal Revision Application is partly allowed.

Pending I.A., if any stands disposed of.