MD NANHE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these revision applications filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, arise out of judgment and order, dated 26.08.2014, passed, in Criminal Appeal No. 56 of 2012/70 of 2013, by learned Ad hoc Additional Sessions Judge II, Sitamarhi, whereby and whereunder he has affirmed the judgment of conviction and the order of sentence, dated 06.09.2012, passed by the learned Sub Divisional Judicial Magistrate (Sadar), Sitamarhi, in Trial No. 950 of 2012, arising out of Complaint Case No. 1/758/2009, wherein, after having convicted these petitioners of the offence punishable under Section 498A of the Indian Penal Code , the learned Trial Court has sentenced each of them to undergo simple imprisonment for a period of 2 (two) years with compensation of Rs. 2,000/- each, payable to the complainant in accordance with Section 357 of the Code of Criminal Procedure, 1973. This is the reason why both these applications have been heard together with the consent of the parties and are being disposed of by the present common judgment and order.

(2.) I have heard Mr. Shankar Kumar, learned Counsel for the petitioners and Mr. Upendra Kumar, learned Additional Public Prosecution, appearing on behalf of the State. I have also heard Mr. Ashhar Mustafa, learned Counsel appearing on behalf of the respondent no. 2, i.e., the complainant, who had entered appearance after service of notice.

(3.) The petitioner, Md. Nanhe, of Criminal Revision No. 986 of 2014, is the husband of the complainant; whereas, petitioner nos. 1 and 2, namely, Md. Alauddin and Rehana Khatoon, are father-in-law and mother-in-law of the complainant.