Md. Zakir Hussain vs The State Of Bihar
2023 Latest Caselaw 2049 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                        CRIMINAL REVISION No.26 of 2022
          Arising Out of PS. Case No.-1 Year-2008 Thana- PURAINI District- Madhepura
     ======================================================

Md. Zakir Hussain Son of Late Md. Yunus Resident of Village - Jajhat Islampur, Police Station - Singheshwar, District - Madhepura.

... ... Petitioner/s Versus

1. The State Of Bihar

2. Shahnaz Tabbasum Wife of Mr. Zakir Hussain and Daughter of Asgar Ali Resident of Village - Nardah, Police Station - Puraini, District - Madhepura.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abdul Wadood, Adv. For the Respondent/s : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 01-05-2023

Heard learned counsel for the petitioner and

learned A.P.P. for the State.

Counsel for the petitioner submits that the present

criminal revision application has been filed against the judgment

dated 30.11.2021 passed by the learned Additional Sessions

Judge- VIth, Madhepura in Cr. Appeal No. 22 of 2019 by which

the judgment of conviction and sentence dated 06.05.2019

passed by the S.D.J.M. Udakishunganj in G.R. Case No. 7 of

2008 arising out of Puraini P.S. Case No. 01 of 2008 (Trial No.

01 of 2014) by which the learned Trial Court has found the

petitioner guilty and has convicted under Section 498(A) of the

I.P.C. for two years R.I. and fine of Rs.1000/- and in default of Patna High Court CR. REV. No.26 of 2022 dt.01-05-2023

fine, one month simple imprisonment and for the offence under

Section 4 of Dowry Prohibition Act for six months simple

imprisonment and fine of Rs.500/- and in default of fine one

month simple imprisonment and both the sentences were

directed to run concurrently.

Counsel for the petitioner submits that it is out and

out false a case as the informant, (private opposite party) who

was herself not interested to reside with her husband

(petitioner), lived only for seven days after marriage and

thereafter, returned back to her Maika. Counsel submits that in

the small span of seven days, the story of torture may not be

accepted and, therefore, the entire story is false.

Counsel for the State submits that this is a case in

which full fledged of trial took place. In the trial, petitioner was

convicted against which he has preferred appeal. The matter was

remanded back to the Trial Court to pass order afresh, thereafter,

this Court has passed order afresh and conviction order passed,

then the petitioner has preferred Cr. Appeal No. 22 of 2009 (CIS

No. 22 of 2019) which was dismissed, against which present

criminal revision application has been filed. Cr. Appeal No. 22

of 2009 was dismissed on merit and the order of conviction was

affirmed. Counsel submits that the petitioner is not in a position Patna High Court CR. REV. No.26 of 2022 dt.01-05-2023

to show before the Court the point of legality, correctness and

propriety, therefore, this case is fit to be dismissed.

Upon going through the arguments and the pleas of

the parties, it is very much clear to this Court that Court at the

time of hearing criminal revision has to test only legality,

correctness and propriety, on the rest factual matrix, the order of

conviction has been affirmed at two Courts i.e. Original Court

and Appellate Court.

The query has directly made before the counsel for

the petitioner who has not raised any question of legality,

correctness and propriety but he repeatedly submits that the wife

resided with husband only for seven days and just in seven days,

there is no question of torture, therefore, the case is false.

In the opinion of the Court, this case has been

decided after taking evidences (examination and cross-

examination) of parties and conviction was affirmed up to the

appellate level also.

In these facts and circumstances, this Court is not

inclined to interfere in the judgment and sentence dated

30.11.2021 passed by the learned Additional Sessions Judge-

VIth, Madhepura in Cr. Appeal No. 22 of 2019 by which the

judgment of conviction and sentence dated 06.05.2019 passed Patna High Court CR. REV. No.26 of 2022 dt.01-05-2023

by the S.D.J.M. Udakishunganj in G.R. Case No. 7 of 2008

arising out of Puraini P.S. Case No. 01 of 2008 (Trial No. 01 of

2014) and, therefore, this criminal revision application is hereby

dismissed.

(Dr. Anshuman, J.) sadique/-

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