IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.851 of 2010 1. MAHESH CHAUDHARY S/O- SHRI KISHUN CHAUDHARY 2. SHRI KISHUN CHAUDHARY S/O- LATE INDRADEO CHAUDHARY 3. RAM JHARI DEVI W/O- SHRI KISHUN CHAUDHARY ALL ARE R/O- VILLAGE- MANJHI CHAUBA STHAN, P.S.- MANJHI, DISTRICT- CHAPRA (SARAN) Versus THE STATE OF BIHAR For the petitioners : Mr. Udit Narayan Singh, Advocate For the informant : Mr. Mrityunjay Kumar Tiwary, Advocate For the State : Mr. R.B. Ray ‘Raman’, APP. ----------- 3 13.07.2010 Heard both sides. Rule confined to question of sentence only. Learned A.P.P. waves notice on behalf of the State. L.C.Rs have already been received. With the consent of the parties, this application is being disposed of at this stage itself. Petitioners herein are husband, father-in-law and mother-in-law of the informant(wife of petitioner no. 1). An F.I.R. was lodged by Usha Devi(P.W. 1) alleging therein that she got married with petitioner no. 1 about 2 ½ years back. Subsequently, demand for dowry was made which could not be fulfilled. The husband and other in-laws started torturing her. Finally she was kicked out from the matrimonial home. The police investigated the case and on conclusion thereof, charge-sheet was submitted which gave rise to trial being Tr. No. 663 of 2006. At the trial, the prosecution examined four witnesses. 2 Learned trial court found the evidence trustworthy, cogent and worth reliable and accordingly, they were convicted under Section 498A and 323 IPC. Petitioner no. 1 was sentenced to undergo R.I. for 02 years with fine having default clause whereas petitioner nos. 2 and 3 were sentenced to undergo R.I. for 01 year each with fine having default clause. They were separately sentenced under Section 323 and sentenced to undergo R.I. for 06 months and R.I. for 03 months respectively. It appears from the trial court judgment that the charge punishable under Section 379 IPC and Section ¾ of the D.P. Act were not found to have been substantiated. Accordingly, they were acquitted of the charges. Aggrieved by the aforesaid judgment and order, the petitioners herein preferred criminal appeal no. 52 of 2006. Learned lower appellate court by judgment and order dated 20.5.2010 affirmed the conviction and sentence and dismissed the appeal. Learned counsel the petitioners states that the trial of the case consumed more than 07 years. For all these years, they were made to undergo the ordeal of trial. It is submitted that fighting litigation for such a long time is a shade of punishment which has to be kept in focus while imposing sentence on the accused for the proved charge(s). Learned counsel for the petitioners further submits that a proceeding for maintenance has already been filed by the informant and the petitioner no. 1 has to 3 fight the aforesaid litigation as well. There is no previous record of conviction in any case against the petitioners. Petitioner nos. 2 and 3 were found aged about 60 and 50 years on the date of conviction. They are thus fairly aged persons which is again a relevant consideration insofar as imposition of sentence is concerned. Learned A.P.P. as well as advocate representing the informant supported the two judgments. It is submitted that the trial court has carefully evaluated the evidence of the witnesses in the light of exhibits and has come to a conclusion that the charge relating to demand of dowry followed by torture stand proved beyond reasonable doubts. They submit in one voice that the said finding recorded by the trial court and duly approved by the appellate court need not be interfered with as there is no patent illegality in the consideration and evaluation of the evidence on record. Having considered the submissions advanced on behalf of the parties and after carefully going through the materials on record, this court is of the view that a lesser punishment, in the facts and circumstances of the case, shall sub-serve the cause of justice. Accordingly, the sentence awarded under Section 498A against petitioner no. 1 (husband) is reduced to 1 ½ years. So far as petitioner nos. 2 and 3 are concerned, their sentences recorded under Section 498A is reduced to 04 months R.I.. Other part/condition of the sentences 4 remain untouched/unaltered. With this modification in sentence, this application is dismissed. pkj ( Kishore K. Mandal, J. )