Jharkhand High Court
Chandi Kumar Mahato @ Jawahar Lal ... vs The State Of Jharkhand on 21 October, 2021
-1-
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.383 of 2021
With
I.A. No.4835 of 2021
Chandi Kumar Mahato @ Jawahar Lal Gorai Jawahar
@ Jawahar Gorai @ Chandi Chandra Mahto
...... Petitioner
Versus
1. The State of Jharkhand
2. Rewa Devi ..... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. Sunil Singh, Advocate
Mr. Amritanshu Singh, Advocate
For the State : Ms. Mohua Palit, A.P.P
For the O.P. No.02 : None
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04/Dated: 21st October, 2021
1. Heard learned counsel for the revisionist and learned
A.P.P.
2. Nobody appears on behalf of O.P. No.02/ wife in spite of
valid service of notice.
3. The present revision application has been filed against
the judgment dated 31.05.2021, passed by the court of
learned Additional Sessions Judge - IV, Bokaro in Criminal
Appeal No.197 of 2019, affirming the judgment of conviction
and order of sentence dated 26.11.2019, passed by the court
of learned Judicial Magistrate, 1st Class, Bokaro, in G.R. Case
No.809 of 2015, in Chas (M) P.S. Case No.60 of 2015 (T.R.
No.167 of 2019) whereby the petitioner has been convicted
for the offence under Section 498A of the I.P.C and Section 4
of the D.P Act and sentenced to undergo simple imprisonment
for a period of one year with fine of Rs.5,000/- with the
default clause for the offence under Section 498A of the I.P.C
and six months imprisonment for the offence under Section 4
of the D.P. Act.
4. At the very outset, it has been submitted by the learned
counsel for the revisionist that he is challenging only the
sentencing part of the impugned judgment whereby the
petitioner has been sentenced to undergo one year simple
imprisonment. It has been submitted that the marriage of the
revisionist took place on 30.09.2011 and as per the deposition
of the I.O., i.e., P.W. - 5, the husband/ petitioner has left on the
very same day for earning his livelihood. It has been further
submitted that the marriage of the revisionist has not been
materialized and failed right from the initiation of marriage.
There was social element also, but the matter could not be
settled. The revisionist has remained in custody from
01.06.2015 to 09.09.2015 during the trial and after conviction
he is in custody since 02.09.2021. Thus, the petitioner has
remained in custody for more than four months. It has further
been submitted that the revisionist is ready to pay ad-interim
compensation to the wife and he is also ready to pay the
enhanced amount of fine, if so imposed.
5. On the other hand, learned A.P.P has opposed the
prayer and supported the judgment of conviction.
5. Having heard learned counsel for the parties and on
perusal of the materials available on record, it appears that
there is sufficient material for conviction for the offence
under Section 498A of the I.P.C and Section 4 of the D.P. Act.
Seeing the nature of allegation and fact that both the parties
have never resided together and their marriage has failed
from its initiation and at present both the parties are living
separately. There is maintenance order also in favour of the
wife/ O.P. No.02.
6. In the attending facts and circumstances of the case and
in the interest of justice, the period of sentence as imposed by
the court below should be reduced to the period already
undergone by the petitioner.
Accordingly, the order of sentence/ judgment dated
31.05.2021, passed by the court of learned Additional
Sessions Judge - IV, Bokaro in Criminal Appeal No.197 of
2019, is modified to the extent that it is reduced to the period
already undergone (i.e. four months) by the petitioner, with
the condition that the petitioner shall deposit the enhanced
amount of fine of Rs.30,000/- (Rupees thirty thousand) at the
time of his release, in the court below. The amount of fine, so
deposited by the petitioner, should be released in favour of
the wife/ O.P. No.02. In the event of non-payment of the
enhanced fine amount, the petitioner shall undergo one
month S.I.
7. The court below shall issue the release order
accordingly.
8. With the modification of the sentence, the present
criminal revision application and I.A. No.4835 of 2021 stand
disposed of.
(Rajesh Kumar, J.)
Chandan/-
