Jharkhand High Court
Avinash Chandra Jha vs The State Of Jharkhand on 11 November, 2024
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.1433 of 2022
Avinash Chandra Jha, aged about 48 years, son of Late
Baidnath Jha, resident of Village & P.O. Birsayar, P.S.
Pandel, District Madhubani, Bihar. At present residing at
Near Petrol Pump, Azad Nagar, Mohalla Karnibagh, P.O.
Ashram, P.S. Kunda, District Deoghar, Jharkhand.
...... Petitioner
Versus
1. The State of Jharkhand
2. Siddhi Kumari Jha, wife of Avinash Chandra Jha,
daughter of Sri Bhubhneshwar Jha, resident of
Near Petrol Pump, Azad Nagar, Mohalla Karnibagh,
P.O. Ashram, P.S. Kunda, District Deoghar,
Jharkhand. At present residing at Village Kura, P.O.
and P.S. Chitra, Sub-Division Madhupur, District
Deoghar, Jharkhand ...... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioner : Mr. Arvind Kr. Choudhary, Advocate
For the State : Mr. Pankaj Kr. Mishra, A.P.P
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th
08/Dated: 11 November, 2024
1. Heard learned counsel for the revisionist and learned
counsel for the State.
2. In spite of valid service of notice, nobody appears on
behalf of victim/ wife/ O.P. No.02.
3. The present revision application has been filed against
the judgment dated 05.11.2022, passed by the court of
learned Sessions Judge, Deoghar in Cr. Appeal No.39 of 2022,
whereby the appeal, preferred by the revisionist against the
judgment of conviction and order of sentence dated
20.08.2022, passed by the court of learned Judicial
Magistrate, 1st Class, Deoghar in P.C.R Case No.483 of 2011,
whereby the revisionist was found guilty for the offence under
Section 498-A of the I.P.C and sentenced to undergo rigorous
imprisonment for two years along with fine of Rs.7,000/- with
default clause, has been dismissed.
4. It appears that the parties are related by marriage, as
per the Hindu rites, which has taken place in the year 2002
and they have been blessed with three children. It further
appears that the wife has alleged harassment and a case has
been lodged under Sections 498A and 494 of the Indian Penal
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Code. The petitioner has been charged under both the
sections and he has faced the trial, but he has been convicted
only under Section 498A of the I.P.C and acquitted from the
charges under Section 494 of the I.P.C by the trial court by
the judgment of conviction and order of sentence dated
20.08.2022 and accordingly, he has been sentenced to
undergo rigorous imprisonment for two years along with fine
of Rs.7,000/- with default clause.
5. It further appears that to substantiate the charge, the
prosecution has examined altogether four witnesses, but one
of the independent witnesses has not turned up for the cross-
examination. Several exhibits have also been brought on
record.
The appellate court has also considered the entire
evidence brought on record and acquitted the mother-in-law
of the victim as there was no specific allegation against her,
but upheld the conviction of the revisionist.
Thus, there is concurrent findings by both the courts
considering the materials brought on record.
6. From perusal of the record, it appears that there are
materials to substantiate the conviction so the findings, given
by the courts below, cannot be termed as perverse.
Accordingly, this Court finds no reason to interfere with so far
as the conviction under Section 498A of the I.P.C is
concerned.
7. Learned counsel for the revisionist has challenged the
sentencing part stating that it is excessive. No injury has
been caused to the victim. There is no independent witness
also. They have been blessed with three children and they are
enjoying over the properties of the revisionist.
8. Considering the peculiar facts and circumstances of the
case, conviction of two years rigorous imprisonment is,
hereby, reduced to one year.
9. With the above modification of the sentencing part, the
present revision application is, hereby, disposed of.
10. Pending I.A. No.9103 of 2024 also stands disposed of.
(Rajesh Kumar, J.)
Chandan/-
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