VIJOY KUMAR GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) WHILE admitting the revision on 22.01.2003, it was confined only with regard to sentence.

(2.) LEARNED counsel for the petitioner submitted that the dispute is in between the spouses. Petitioner has been convicted for an offence punishable under Sections 498A of the IPC and was directed to undergo R.I. for a year as well as also slapped with fine of Rs. 5000/ in default thereof to additionally suffer imprisonment for three months by Sri Dina Nath Pandey, Judicial Magistrate, 1 st Class, Patna vide judgment dated 22.04.2000 passed in connection with G.R. Case No. 4805 of 1994 arising out of Buddha Colony P.S. Case No. 207/1994.

(3.) APART from suffering distress, agony since 1994, it has also been submitted that the status of parties has been derecognized by a decree of divorce dated 29.01.2004 in terms of Section 13(B) of Hindu Marriage Act in connection with Matrimonial Case No. 177 of 1997. Because of the fact that the marriage was dissolved on account of mutual consent, as a result of which both the parties are enjoying their life independently, a lenient view be taken. The aforesaid judgment has been brought on record by way of supplementary affidavit.