RAJ KUMAR DANGI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. B.K. Dubey, learned counsel for the petitioners and Mr. Shekhar Sinha, learned A.P.P. for the State.

(2.) This application has been directed against the judgment dated 22.07.2004 passed by the learned 1st Additional Sessions Judge, Chatra in Criminal Appeal No. 17 of 1995 whereby and where-under the judgment and order of conviction and sentence passed by the learned Judicial Magistrate 1st class, Chatra dated 13.01.1995 in Itkhori P.S. Case No. 63 of 1990 corresponding to G.R. No. 332 of 1990 by which the petitioners have been convicted for the offence under Section 498A of I.P.C. and sentenced to undergo R.I. for one year has been affirmed.

(3.) It has been stated by the learned counsel for the petitioners that most of the witnesses are related witnesses and therefore being interested, their evidences should not have been relied upon by the learned court below. He further submits that the Investigating Officer of the case has not been examined which has caused great prejudice to the defence. Learned counsel has submitted in the alternative that if this court is not inclined to interfere with the conviction, the sentence imposed be modified in view of the fact that the petitioners are facing the rigors of prosecution since the year 1990 and has also for some time remained in custody.