RAMESH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application is directed against the judgment dated 04.06.2013, passed by the learned Sessions Judge, West Singhbhum at Chaibasa in Criminal Appeal No. 29 of 2013, whereby the appeal preferred by the petitioner has been dismissed and the judgment of conviction and order of sentence, both dated 23.02.2013, passed by the learned Judicial Magistrate 1st Class, Chaibasa in C/1 Case No. 23 of 2007 (T.R. No. 103 of 2013), whereby the petitioner was convicted for the charge under Sections 498A and 323 IPC and was sentenced for R.I. of 2 years under Section 498A IPC with fine of Rs.500/- and R.I. for 6 months under Section 323 IPC, has been affirmed.

(2.) At the outset, learned counsel for the petitioner submits that the petitioner and opposite party no. 2 are living separately since long. He further submits that the petitioner is not a habitual offender and there is no criminal antecedent save and except the present one. He further submits that he is approaching 50 years of age as such some leniency may be granted by this Court.

(3.) Nobody appears for the opposite party no. 2 inspite of the fact that the notice was validly served. Vide order dated 17.08.2019 it was clarified that if nobody will appear on behalf of opposite party no. 2 on the next date of hearing the court will proceed exparte against her. Since nobody appears on behalf of opposite party no. 2 even on repeated calls, this Court is proceeding with the matter on the basis of document available on record.