J.J. Munir, J. - (1.) This criminal revision is by a husband, who has been convicted for an offence, punishable under Section 498A, 323 I.P.C. on a prosecution instituted by the State, where the wife is the first informant.
(2.) Before setting out facts leading to the conviction and sentence now under challenge, it is imperative to point out that a first information was laid against the revisionist, Umakant Dubey (hereinafter referred to as the 'husband') by his wife, Smt. Lalita Devi through a written information dated 10.8.1996 along with four other family members, to wit, Shivkant Dubey (husband's brother), Smt. Vidya Devi (mother-in-law), Smt. Rooprani (sister-in-law, nanad) and Kumari Rekha (sister-in-law, nanad), reporting all of them for offence punishable under Section 498-A, 323, 504, 506 I.P.C. The learned Magistrate, who tried each of the five accused arraigned convicted them all for offence punishable under Section 498A, 323 I.P.C. but acquitting them of the offence punishable under Section 504 and 506 I.P.C. by her judgment and order dated 9.5.2005.
(3.) Each of the convicts, including the revisionist, were sentenced to suffer for the offence punishable under Section 323 IPC simple imprisonment to a term of six months and for the offence punishable under Section 498A IPC, they were awarded simple imprisonment for a term of one year. In addition, on the second count the Magistrate imposed on each of the convicts a fine of Rs. 500/- with a direction that in case of default they would suffer, an additional period of one month incarceration. All sentences were directed to run concurrently.;