DEVENDRA NATH CHOUBEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal revision petition is directed against the judgment dtd. 9/6/2017 passed by the learned Additional Sessions Judge 1st, Bokaro in Criminal Appeal No.13 of 2005 whereby and whereunder the learned appellate court has affirmed the conviction of the petitioner under Ss. 353, 504/34 of the Indian Penal Code (hereinafter referred to as IPC) but modified the sentences awarded to the petitioner to undergo Simple Imprisonment for 06 months with fine of Rs.500.00 for each offence with default sentences. Both sentences were directed to run concurrently.

(2.) Vide Judgment of conviction and the order of sentence dtd. 7/2/2005 passed by the learned Judicial Magistrate, 1st, Class, Bokaro in G.R. Case No.559 of 2003 / Trial No.15 of 2005 (arising out of Pindrajora P.S. Case No.52 of 2003 dtd. 5/7/2003), the petitioner along with Banamali Singh Choudhary and Ramlal Singh were convicted for offence under Ss. 353, 504/34 of IPC and had sentenced them to undergo Simple Imprisonment for two years under Ss. 353 and 504 of IPC for each offence and had directed that the sentences shall run concurrently. The learned trial court had acquitted the petitioner and co-accused persons from the charge under Sec. 448 of IPC. Arguments on behalf of the petitioner.

(3.) Learned counsel for the petitioner submitted that the petitioner faced criminal case for the alleged offence under Ss. 353, 448, 504/34 of the IPC and was convicted for the offence under Ss. 353 and 504/34 of IPC, but acquitted for the offence under Sec. 448 of IPC.