MAHESHWAR MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This revision application is directed against the judgment dtd. 27/4/2005 passed by learned Additional Sessions Judge-IV (Fast Track Court, Jamtara), Jamtara, in Cr. appeal No. 48/04; whereby the judgment of conviction and order of sentence dtd. 30/8/2004 passed by the learned Judicial Magistrate, 1st Class Jamtara, in P.C.R. No. 266/2000, (T.R. No. 343 of 2004); whereby the petitioner was convicted under Ss. 323 and 498 A I.P.C., and was sentence R.I for 1 years under sec. 323 IPC and R.I. for 2 ½ years under Sec. 498 A IPC with fine of Rs.500.00 for both the Sec. and all the sentences were directed to run concurrently; has been affirmed with modification by the appellate court that sentence under Sec. 498 A IPC was reduced to R.I. for 1 years with fine of Rs.500.00 and conviction under Sec. 323 IPC was set aside and appeal filed by the petitioner was dismissed with modification.

(3.) Mr. Sudhir Kumar, learned counsel for the petitioner submits that the petitioner is not a habitual offender. The petitioner has also undergone 85 days imprisonment and now the petitioner is an aged person. As such, he is confining his prayer only on the question of sentence as the petitioner is an aged person and sending him back to jail at this stage even for short period will hamper the entire family.