DILEEP KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the opposite party no. 2.

(2.) The petitioner has moved the Court under Sections 397 and 401 of the Code of Criminal Procedure, 1973 for quashing of the judgment and order dated 22.02.2018 passed in Criminal Appeal No. 102 of 2016 (CIS No. 102 of 2016) by the Additional Sessions Judge, VIII, Gopalganj by which he has dismissed the appeal with modification in the judgment and order of sentence and conviction dated 29.06.2016 passed by the Additional Chief Judicial Magistrate, IV Gopalganj in Complaint Case No. 1524 of 2007 (Registration No. 4074 of 2016) by which the sentence under Section 500 of the Indian Penal Code for undergoing two years imprisonment and Rs. 5,000/- fine has been modified to payment of Rs. 20,000/- as compensation by the petitioner and for furnishing probation bond of Rs. 5,000/- for good conduct for a period of two years.

(3.) The petitioner had filed Complaint Case No. 1929 of 2006 against the opposite party no. 2, his wife and mother under Sections 302/34 of the Indian Penal Code alleging that they had killed the husband of the maternal uncle of the petitioner. The said news was published in the local daily newspaper 'Danik Jagran' on 06.12.2006. The complaint case filed by the petitioner was ultimately dismissed. The opposite party no. 2 then filed the present complaint case alleging defamation which upon trial resulted in a judgment and order of conviction and sentence and the appeal filed by the petitioner was also dismissed with modification in the sentence.