BIMLESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision is directed against the judgment and order dated 10 -3 -1997, passed by the 5th Addl. Sessions Judge. Nalanda at Biharsharif in Cr. Appeal no. 96/94 by which the learned Sessions Judge confirmed the judgment and order passed by the Judicial Magistrate 1st Class. Biharsharif in complaint case No. 56C/93. Tr. No. 480/94. convicting the petitioner under Section 498 - A. I.P.C. and sentencing him to undergo R.I. for three years and to pay fine of Rs. 5.000/ - in default to undergo RI for six months. The appellate Court reduced the period of sentence to one year in place of three years. RI. No specific order was passed by the appellate Court regarding imposition of fine.

(2.) THE prosecution case in brief is that the complainant Ahilya Devi was married to the petitioner -accused. Bimlesh Kumar. At the time of Rukhsati, there was demand of scooter from her parents and for non -fulfillment of the demand it is alleged that they physically assaulted her and turned her out from the sasural They also retained her ornaments etc. It is further alleged that the petitioner has married with another lady. On the basis of the complaint petition case was registered and after cognizance trial proceeded in the Court below. Originally the accused was charged under Sections 323 and 498 -A. I.P.C. but the trial Court acquitted him under Section 323 I.P.C. The case of the defence is that he has falsely been implicated in this case and the lady is not willing to live in her sasural and her mother has a made a condition precedent that unless the petitioner execute saledeed of his lands in favour of the complainant she would not go to her sasural for which the petitioner was not ready. Hence this false case.

(3.) LEARNED lawyer for the petitioner submitted that the alleged occurrence took place in the year 1993, as such for the ends of justice the period of sentence may be reduced to the period already undergone by him in custody and the amount of fine is much excessive.