SANJEEV GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of instant criminal revision, the revisionist/ accused has assailed the judgement of learned A.C.J.M., court no. 8, Ghaziabad in Criminal Case No. 75 of 2016 arising out of Case Crime no. 331 of 2013 under Ss. 498-A, 323, 377 IPC and Sec. 4 of D.P. Act, P.S. Link Road, District Ghaziabad, the revisionist has been convicted of charge under sec. 498-A, 323, 377 IPC and Sec. 4 of D.P. Act and sentenced him to two years rigorous imprisonment and Rs.30,000.00 fine for charge under Sec. 498-A IPC and five years rigorous imprisonment and Rs.20,000.00 fine for charge under Sec. 377 IPC, six months simple imprisonment and Rs.500.00 for charge under Sec. 323 IPC and one year simple imprisonment and Rs.1,500.00 fine for charge under sec. 4 D.P. Act and sentence and fine are coupled with default stipulation; all the sentences were directed to run concurrently. 50% fine is directed to be paid as compensation to the victim/ informant.

(2.) The revisionist has assailed judgement of trial court in criminal appeal no. 129 of 2018 (Sanjeev Gupta vs. State of UP) whereby criminal appeal is partly allowed to the extent that conviction for charge under sec. 498-A, 323, 377 IPC has been affirmed but his conviction and sentence for charge under sec. 4 of D.P. Act has been set aside. The sentence awarded by the trial court for charge under sec. 377 IPC has been modified to the extent that five years rigorous imprisonment for charge under sec. 377 IPC is reduced to four years keeping in view quantum of fine intact. The revisionist has impugned both the orders passed by the courts below in present revision which has been preferred under sec. 397/401 Cr.P.C.

(3.) Heard learned counsel for the revisionist, learned AGA for the State and learned counsel for respondent no. 2.