OM PRAKASH GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS revision application has been filed by the petitioner against the judgment of the court below whereby the petitioner has been convicted for the offence under Section 498a i. P. C. and has been sentenced to simple imprisonment for one year and to pay fine of Rs. 500/- and in case of default in payment of fine to undergo imprisonment for 15 days.

(2.) AFTER going through the impugned judgment of both the courts, it is apparent that the trial court as well as the appellate court have fully considered and discussed the evidence and materials on record and, thereafter, have come to the concurrent findings that the charges against the petitioner has been proved beyond all reasonable doubts, I do not see any reason to interfere with the judgment of conviction passed against the petitioner.

(3.) HOWEVER, the question of sentence is concerned, I find that the petitioner is aged about 40 years at the time of this judgment of the trial court and the trial remained pending for about 9 years and the appellant has undergone the ordeal of protracted trial for the aforesaid period, and, therefore, in my opinion, it is a fit case in which the sentence is desirable to be modified suitably. It also appears that the petitioner has remained in custody for about one week.