MD. ARIF Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal revision under Sections 397 and 401, Cr PC is directed against the order of conviction and sentence passed by the trial Court as also by the appellate Court in G.R.Case No. 744/1991 T.R. No. 696/1995 and in Cr. Appeal No. 41/96 by the Sub -Divisional Judicial Magistrate, Chaibasa and Sessions Judge, Singhbhum West, respectively.

(2.) THE trial Court convicted the revisionist for an offence under Section 498 -A, IPC and awarded a punishment of 3 years and the appellate Court confirmed the conviction and reduced the sentence of punishment. Originally, the other in -laws were also tried along with the revisionist, but they had already been acquitted by the trial Court itself.

(3.) IN this revision, three grounds have been taken to assail the Impugned judgments - -(i) only on the evidence of the interested witnesses, conviction has been made, (ii) the marriage itself is disputed and in absence of proving of the marriage, no conviction under Section 498, IPC could be there and therefore, the finding, of the learned trial Court on solemnization of the marriage and consequent conviction thereon is illegal and (iii) the informant would have taken the recourse under the Muslim Woman (Protection of Rights on Divorce) Act, 1986.