SAKIR Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) The petitioners have moved the Court under Sections 397 and 402 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') against the judgment dated 31.05.2018 passed in Criminal Appeal No.52 of 2017 by which the judgment and order of conviction and sentence passed by the ACJM-IV, Sitamarhi, dated 03.06.2017, corresponding to Trial No.2292 of 2017/ Complaint Case No. C-1/897 of 2009 has been upheld.

(3.) The complaint filed by the opposite party no.2, who is wife of the petitioner no.1, upon trial, resulted in conviction of the petitioners under Section 498-A of the Indian Penal Code (hereinafter referred to as 'IPC') and they were sentenced to undergo three years rigorous imprisonment and fine of Rs.3,000/- each. Challenge to the same in Criminal Appeal No.52 of 2017 was also rejected.