AJAY KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application is directed against the judgment dated 13.05.2013 passed by the learned Additional Judicial Commissioner-XVI, Ranchi, in Criminal Appeal No.34/2012, whereby the appeal filed by the petitioner against the judgment of conviction and order of sentence, both dated 04.01.2012, passed by the Judicial Magistrate 1st Class, Ranchi in connection with G.R. Case No.3163 of 2001 (T.R. No. 6 of 2012), whereby the petitioner has been convicted for the offence committed under Sections 498A and 494 of the Indian Penal Code and was sentenced to undergo SI for 2 years for Section 498A and 2 and half years for Section 494 IPC and pay a fine of Rs.10,000/- for each offence, has been dismissed and the sentence was modified by the learned appellate court to the extent that the petitioner was directed to serve SI for one year for the offence under Section 498A with fine of Rs.5,000/- and further SI for 1 year with fine of Rs.5,000/- for the offence under Section 494 of IPC. However, both the sentences were directed to go concurrently.

(2.) The learned counsel for the petitioner submits that Section 7 of Hindu Marriage Act has not been taken into account by the learned trial court and as a matter of fact, the petitioner is not the husband of the informant. In this view of the matter, he is not liable to be convicted under Sections 498A and 494 IPC.

(3.) Per contra, the learned APP submits that in the revisional jurisdiction, this Court cannot interfere into with the evidences unless and until there is grave error in appreciation of evidence leading to perversity of the order. In the instant case, nothing has been brought on record by the petitioner that there is any illegality in the order.