VINOD KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri A.K.Mishra, Advocate, holding brief of Sri Suneel Rai, learned counsel for Revisionist and learned A.G.A. for State of U.P. in both the revisions.

(2.) Both the criminal revisions under Section 401 read with Section 397 of Code of Criminal Procedure, 1973 (hereinafter referred to as " Cr.P.C .") have been filed, aggrieved by judgment and order dated 28.1.1998 passed by Sri Vinod Kumar Bishnoi, XIth Additional Sessions Judge, Ghaziabad in Criminal Appeal No.49 of 1996 confirming sentence and order of conviction dated 02.7.1996 passed by VIIIth Additional Chief Judicial Magistrate, Ghaziabad in Criminal Trial No.381 of 1995 ( State vs. Vinod Kumar and others ) under Sections 326 , 498A , IPC and 3/4 Dowry Prohibition Act , convicting and sentencing Revisionists in both the revisions under Section 498-A IPC imposing fine of Rs.2,000/- each, 2 years' rigorous imprisonment; under Section 326 IPC, 7 years' rigorous imprisonment and fine of Rs.2,000/- each and under Section 4 Dowry Prohibition Act to undergo 2 years' rigorous imprisonment and fine of Rs.10,000/-.

(3.) It is contended that punishment of seven years' rigorous imprisonment has been imposed by VIIIth Additional Chief Judicial Magistate, Ghaziabad who had no such power, inasmuch as, under Section 29 Cr.P.C., Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years or of fine not exceeding five thousand rupees, or of both and a sentence up to 7 years can be passed only by Court of Chief Judicial Magistrate and not Additional Chief Judicial Magistrate.