CRIMINAL REVISION No.334 OF 2009 --------- Against the judgment of conviction dated 10.12.2008 passed in Cr. Appeal no.47 of 2007 by the learned Addl. District & Sessions Judge, F.T.C. No.II, Jamui. --------- 1. MD. MONAF, son of Md. Subhan 2. Md. Subhan, son of Md. Yasin 3. Kulsum Khatoon, wife of Md. Subhan All residents of village- Baliadih, P.S.-Jhajha, District-Jamui --------- ----------------------------------------------------------(Petitioners) Versus 1. STATE OF BIHAR 2. Kasidah Khatoon, daughter of Abdul Jabbar, resident of village- Nimaranj, P.S.& Distt.-Jamui------------------------(Opp. Parties) ----------- For the petitioners : Mr. Abdul Mannan Khan, Adv. Mr. Najmul Hoda, Adv. Mr. Binay Kumar Bineet, Adv. For the O. P. : MR. NAWAL KISHORE PD., A.P.P. ---------- P R E S E N T THE HON'BLE MR. JUSTICE MANDHATA SINGH Mandhata Singh,J. After arguing the case at length learned counsel for the petitioners confines himself on the point of sentence. According to him, infirmities are there which includes non-discussion of the witnesses including the complainant-victim belying the allegation but it is better to press the sentence. 2. In the case, petitioner no.1 is husband, petitioner no.2 is father-in-law and petitioner no.3 is mother-in-law. Husband remained in custody while in trial from 23.3.2005 to 6.7.2005 and after conviction from 19.12.2008 till today. Petitioner nos.2 and 3 remained in custody for three months and two months respectively. Violence leading to injury is not established. Snatching of victim’s articles is disbelieved. So, the period undergone may be observed - 2 - sufficient towards sentence. 3. Learned A.P.P. though opposed the submission made on the point of sentence but conceded about not discussing the relevant witnesses including complainant-victim and appearing of no injury over the person of the victim. Further a vague allegation for demand and dowry is leveled. 4. Under the circumstances discussed above, the judgment and order of conviction is confirmed while the sentence passed by the trial court and confirmed by the appellate court, i.e. , the appellants shall undergo simple imprisonment for two years and to pay a fine of Rs.5,000/- under Section 498A of the Indian Penal Code and in case of default in payment of fine a further sentence of six months is modified on the point of sentence that period already undergone by the petitioners is sufficient towards their sentence. Patna High Court 5th August, 2009 N.A.F.R./ Sudip ( Mandhata Singh, J )