CHAMAN LAL Vs. HAJI SABAR ALI

JUDGEMENT

(1.) This judgment will dispose of a criminal appeal and two criminal revisions. The appellant in Criminal Appeal No. 68 of 1967 is Chaman Lal Monga who was complainant in the case. He is also petitioner in Criminal Revision No. 107 of 1967. The respondent in the appeal and the criminal revision is Haji Sabar Ali who is also petitioner in Criminal Revision No. 157 of 1967. The respondent in that criminal revision is the State.

(2.) Haji Sabar Ali was tried by a magistrate for an offence under Sections 497 and 498 Indian Penal Code and was awarded a sentence of two years R.I. and fine of Rs. 1,000.00 for an offence under Section 497 Indian Penal Code and a sentence of one year R.I. and a fine of Rs. 1,000.00 for an offence under Section 498 Indian Penal Code . In default of payment of fine under both the counts he was ordered to undergo further rigorous imprisonment for a period of three months each. Both the sentences of imprisonment were ordered to run concurrently. Out of the amount of fine a sum of Rs. 1500.00 was ordered to be paid to the complainant. On appeal by Haji Sabar Ali, the learned Additional Sessions Judge set aside the conviction for an offence under S. 498 Indian Penal Code but maintained the conviction under Section 497 Indian Penal Code . The sentence of imprisonment appeared to the learned Additional Sessions Judge to be harsh and he therefore reduced the same till the rising of the court but maintained the sentence of fine. In default of payment of fine, Haji Sabar Ali was ordered to under-go rigorous imprisionment for three months. Out of the fine, if realised, a sum of Rs. 500.00 was directed to be paid to the cornplainant. It seems that the complainant was not satisfied with the order passed by the trial Court and had filed a revision petition praying that the sentence awarded by the learned magistrate should be enhanced. That petition was however dismissed.

(3.) Against the judgment of the learned Addl. Sessions Judge, the complainant has come up in appeal on the ground that the conviction of Haji Sabar Ali who will hereafter be referred to as the respondent, undersection 498 Indian Penal Code should not have been set aside and that he should be punished both in respect of an offence under Section 497 and Section 498 Indian Penal Code . The complainant has also filed a revision petition for the enhancement of sentence. Respondent Haji Sabar Ali has on the other hand filed a revision petition praying that there is no material for convicting him of the offence under section 497 Indian Penal Code and has therefore asked for setting aside the judgment of the learned Additional Sessions Judge and acquitting him of the offence of which he has been convicted.