YUSUF Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision is directed against the dated 7th September, 2000 passed by Addl. Sessions Judge IV, Nalanda at Biharsharif in Cr. Appeal No. 50/99/6/2000. confirming the judgment dated 1.5.99 passed by the Judicial Magistrate, 1st Class. Biharsharif. Nalanda in Complaint case No. 79C/95, Trial No. 115/99. Revisionist was convicted under Section 498A. I.P.C. and he was sentenced to undergo RI for one year and as also to pay a fine of Rs. 500/-.

(2.) It has been submitted that all the accused persons have been ordered to execute the bond by the appellate Court but the petitioner was not given the benefit of Section 360 of the Criminal Procedure Code. 1973 and Probation of Offenders Act. He has already incarcerated for 2 months during the course of trial and before release from this Court after judgment by the appellate Court. So a lenient view may be taken.

(3.) In view of the fact that the revisionist was not given the benefit of Probation of Offenders Act or Section 360, Cr. P.C. I think he deserves order from this Court regarding his sentence. Further, in view of the fact that he has incarcerated for about 2 months, the order of sentence of imprisonment is reduced into fine. In all, he will pay Rs. 1,000/- as fine and in default to undergo SI for one month. The fine, if realised, shall be paid to the informant within one month from the date of receipt/production of a copy of this judgment in the lower Court.