NOOR HASAN @ MANGTA Vs. STATE OF UTTARANCHAL
HIGH COURT OF UTTARAKHAND
NOOR HASAN @ MANGTA
STATE OF UTTARANCHAL
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Servesh Kumar Gupta, J. -
(1.) THIS revision has been directed against the judgment and order dated 17.10.2003 rendered by learned Additional Sessions Judge, Haridwar, while deciding the criminal appeal no. 37/2000, titled as 'Noor Hasan & another Vs. State', whereby the judgment and order dated 3.5.2000, passed by learned Additional Chief Judicial Magistrate, Haridwar, in criminal trial no. 173/94, State Vs. Noor Hasan & others, was affirmed. Learned Magistrate tried the accused Noor Hasan, Saddiq, Smt. Farjandi, Roshan and Ikram for the offence of Sections 498 -A/323/452/504/506 IPC, r/w Section 3/4 of Dowry Prohibition Act. The said trial ended in conviction of Noor Hasan and Smt. Farjandi for the offence of Section 498 -A IPC, but they were acquitted for the rest of the offences. Rest of the accused persons were also acquitted from all the offences under which they were charged. The trial court released Smt. Farjandi on probation of six months, whereas, it sentenced the revisionist/accused Noor Hasan (husband) to undergo three years' R.I. On appeal, learned Additional Sessions Judge affirmed the sentence, as awarded by learned Magistrate.
(2.) FEELING still disgruntled, the revision has been filed. Having gone through the grounds of revision, it appears that nothing substantial could be pointed out, indicating any serious incongruity or inconsistency in the evidence, so relied upon in the concurrent judgments of the courts below. All that pressed by learned counsel for the revisionist is that the sentence, so awarded by the trial court, is the highest which ought not to have passed, taking all the circumstances into consideration.
(3.) THIS Court, in light of the evidence and the facts of the case, is also in agreement with the argument put forth by learned counsel for the revisionist. So, this revision is liable to be dismissed on merits but it deserves to be partly allowed on the question of sentence. Accordingly, the sentence awarded by the trial court for three years' R.I. is hereby reduced to one year's R.I. but for reducing the sentence of two years' imprisonment, it would be appropriate to convert it in the form of fine of Rs. 10,000/ -, to be payable by revisionist Noor Hasan within three months from today. If the revisionist does not pay the fine, then he shall further undergo six months' R.I. Revisionist is thus, disposed of accordingly. A copy of the judgment along with the lower court record be remitted to the court below for ensuring the implementation of sentence, as modified by this Court.;
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