Court No. - 41
Reserved on 2.8.2018 Delivered on 23.8.2018 Case :- CRIMINAL REVISION No. - 2082 of 1999 Revisionist :- Asghar Opposite Party :- State Of U.P.
Counsel for Revisionist :- Raghuvir Singh,Mayank Yadav,Vivek Kumar Singh Counsel for Opposite Party :- Govt.Advocate
Hon'ble Aniruddha Singh,J.
1. This criminal revision has been preferred by Asghar against order dated 15.10.1999 passed by II Additional Sessions Judge, Agra in Criminal Appeal No.18 of 1999 whereby appeal was partly allowed confirming conviction of Asghar under Section 498-A IPC passed by VIII Additional Chief Judicial Magistrate, Agra vide judgment dated 30.1.1999 in Criminal Case No. 736/96, Police Station Etmadulla, District Agra but sentence was reduced from two years' rigorous imprisonment to one year's rigorous imprisonment.
2. Facts of the case are that Smt. Shakila filed a complaint against Asgar, Smt. Shabbiran, Smt. Zareena and Anwar alleging that she was married with Asgar and for demand of Rs.20,000/- they tortured her several times. Asgar, Anwar, Smt. Shabbiran and Smt. Zareena were summoned by the trial Court vide order dated 17.10.1996 under Sections 498-A, 504, 506 IPC. After recording statements under Section 244 Cr.P.C. Charges were framed. P.W.1 Smt. Shakila and P.W.-2 Shamimuddin were examined. The statements of accused were recorded under Section 313 Cr.P.C. After hearing parties, Smt. Shabbiran and Smt. Zareena have been acquitted and Asgar was also acquitted under Section 504, 506 IPC but he was convicted under Section 498-A IPC and sentenced to 2 years R.I. vide order dated 30.1.1999. Agaisnt judgment and order dated 30.1.1999, Appeal No. 18 of 1999 was filed which was partly allowed confirming conviction under Section 498-A IPC and reducing sentence from two years R.I. to one year R.I.
3. Heard Sri Mayank Yadav and Sri Vivek Kumar Singh, learned counsel for revisionist and Sri Vikas Goswami, learned AGA for the State. Perused the record.
4. During trial complainant has examined two witnesses P.W.-1 and P.W.-2 and they have supported the complaint case and categorically stated that complainant was tortured for demand of dowry for Rs.20,000/-
5. Learned counsel for the revisionist submitted that it was a complaint case, the incident is of year 1993, at present there is no dispute between husband and wife, they are living separately and the age of revisionist at present is about 50 years. Hence no fruitful purpose would be served to sent him to jail. He placed reliance upon Halappa and others vs. State of Karnataka, (2009) 9 SCC 366; Om Prakash vs. State of Haryana, 2001(10) SCC 477;Nasiruddin Khan and others vs. State of Bihar, (2008) 12 SCC 129; Eliamma and another vs. State of Karnataka , (2009) 11 SCC 42 and Daljit Singh and others vs. State of Punjab, (2006) 6 SCC 159 and submitted that the benefit of Section 4 of Probation Act may be given to revisionist.
6. On the point of conviction both the Courts have given concurrent findings. From perusal of record, this Court finds no illegality, impropriety, material irregularity or jurisdictional error in the impugned judgment & order.
7. Learned counsel for the revisionist submitted that the incident is of year 1996 and 22 years have elapsed. The benefit of Section 4 of Probation of Offenders Act, 1958 and Section 360 Cr.P.C. may be given. Learned counsel for the revisionist further submitted that revisionist belongs to rural area and looking to his age and family background, lenient view may be taken on the point of sentence.
8. This Court finds not proper to release the accused on probation because report of Probation Officer is not available but considering the admitted fact that it is complaint case of family dispute, in opinion of Court, it would be proper to punish revisionist Asghar under Section 498-A IPC with the imprisonment already undergone and fine of Rs.2000/- which shall be deposited within two months and in default to deposit, he has to undergo simple imprisonment for three months.
9. The revision is partly allowed. Impugned judgment and order dated 15.10.1999 is hereby quashed. Revisionist Asghar is convicted under Section 498-A IPC and sentenced to imprisonment already undergone with fine of Rs.2000/- which shall be deposited within two months and in default to deposit, he has to undergo simple imprisonment for three months.
10. Copy of this judgment and record of lower Court be transmitted to the Court concerned immediately for necessary compliance. Compliance report be submitted within three months to this Court which shall be kept on record.
Order Date :- 23.8.2018 P.P.