APARESH KUMAR SINGH,J. - (1.) Heard learned counsel for the petitioner.
(2.) The instant petition seeking leave to appeal against the judgment of acquittal dated 12.9.2012 passed by the Principal Sessions Judge, Sahibganj in Criminal Appeal No. 08 of 2012 is suffering from delay of 39 days. The prosecution was lodged by the petitioner wife through P.C.R. Case No. 36 of 1998 before the Court of learned Civil Judge (Junior Division) No. IV, Sahibganj which upon trial (T.R. No. 1115 of 2011) ended up in conviction of the husband Opposite Party no. 2, herein for the offence under Section 498A of the I.P.C. He was sentenced to undergo rigorous imprisonment for 2 and 1/2 years with a fine of Rs. 5000/- and on failure to pay the fine, to further undergo rigorous imprisonment for 2 months. The judgment of conviction is dated 23.12.2011(Annexure-2).
(3.) The opposite party no. 2, Husband on being aggrieved preferred Criminal Appeal No. 08 of 2012 before the learned Sessions Judge, Sahibganj, who by the impugned judgment has held that the learned Trial Court had no jurisdiction to try the offence as no cause of action accrued within its territorial jurisdiction. The opposite party no. 2 was accordingly acquitted.;