Arun Kumar Prajapati vs State Of Jharkhand
2021 Latest Caselaw 4186 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI

                          Cr. Revision No. 585 of 2012

             Arun Kumar Prajapati             ...     ...     ...     Petitioner
                                    Versus
             State of Jharkhand                     ...     ...     Opp. Party
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. Pankaj Kumar Dubey, Advocate For the State : Mr. P.D. Agarwal, A.P.P.

9/16.11.2021

1. Heard Mr. Pankaj Kumar Dubey, learned counsel appearing on behalf of the petitioner.

2. Mr. P.D. Agarwal, learned counsel for the State is present.

3. Learned counsel for the petitioner submits that he does not want to argue the case on merit and has argued on the point of sentence. He has also submitted that the date of occurrence is 19.06.2001 on which date the petitioner was a juvenile and the marriage had taken place in the year 1998. Learned counsel submits that F.I.R. was registered under Section 304B/34 of the Indian Penal Code, but the petitioner was ultimately found to be juvenile and the enquiry was conducted and he has been found guilty of offence under Section 302/34 of the Indian Penal Code. He submits that the present age of the petitioner is 34 years and accordingly the conviction may be upheld but so far as the punishment of the petitioner is concerned, appropriate direction may be issued in view of the judgment passed by Hon'ble Supreme Court reported in 1999 (1) PlJR 732 (S.C.) (Devendra Yadav versus The State of Bihar) ; 1990 CRI. L.J. 2671 (S.C.) (Bhoop Ram versus State of U.P.) and 2008 (4) JCR 373 (Jhr.) (Ashok Kumar Singh and Others versus State of Jharkhand) and the punishment awarded to the petitioner be set aside.

4. Learned counsel for the State has opposed the prayer of the petitioner.

5. Arguments concluded.

6. Post this case for judgment on 10.01.2022.

(Anubha Rawat Choudhary, J.) Binit/