ISHWAR CHANDRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. A. K. Sahani, learned counsel for the petitioner and Mr. Prabhat Kumar Sinha, learned counsel for the opposite party no. 2.

(2.) This application is directed against the judgment dated 26.09.1998 passed by Shri Ravindra Nath Verma, learned 2nd Additional Judicial Commissioner, Khunti in Cr. Appeal No. 124 of 1997 by which the judgment of conviction and sentence passed under Sec. 498A of I.P.C. by Shr Jagarnath Rai, learned Judicial Magistrate 1st class, Khunti in G. R. No. 394 of 1995 has been affirmed.

(3.) It has been stated by the learned counsel for the petitioner that none of the prosecution witnesses have supported the case of the petitioner and in fact the conviction has been based on the testimony of the P.W. 3 - informant. He further submitted that although the parents of the petitioner were acquitted, but since petitioner was the husband, he was convicted under Sec. 498A and sentenced to undergo R.I. for 3 years. He further submits that several of the witnesses who are villagers are here say witnesses and no reliance can be placed on their testimony. It has also been stated that the petitioner in course of trial as well as during the pendency of this revision has remained in custody for 4 and half months. It has also been submitted that since FIR is of the year 1995 and the petitioner has faced rigors of the trial for the last 22 years and if this court does not interfere in the conviction of the petitioner, the sentence may be modified, since the petitioner has been sufficiently punished due to his incarceration in jail custody.