IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. NO.405 OF 2009 SANTOSH KUMAR GUPTA & SUBHASH PRASAD SAH @ SULAB SAH @ SUBHASH SAH VERSUS THE STATE OF BIHAR & SUNITA DEVI ----------- 4 26.03.2009. Heard learned counsel for the parties. Both petitioners, who happen to be husband and father-in- law of opp party no.2 were convicted by the SDJM, Saran at Chapra under section 498A I.P.C. and 4 of the Dowry Prohibition Act. Petitioner Santosh Kumar Gupta has been sentenced to undergo RI for two years with fine of Rs 5000/- and petitioner Subhash Prasad Sah has been sentenced to undergo RI for one year with fine of Rs 1000/-. Conviction was confirmed by learned appellate court. Learned counsel for the petitioners submits that a matrimonial suit was also filed between the parties. However, it appears from order of the appellate court that aforesaid documents were not brought on record. It appears from order of the learned court below that prosecution examined three witnesses including the complainant herself. PW 1 is father of the complainant, whereas PW 2 is brother of the complainant and both of them have consistently supported the prosecution case. Both the court did not find any reason to disbelieve the evidence of witnesses and convicted the petitioners. This Court also finds the evidence of prosecution witnesses are consistent. As such, I do not find any illegality in the impugned orders convicting the petitioners under section 498A I.P.C. - 2 - In the result, I do not find any merit in this revision application. The same is dismissed. However so far as sentence is concerned, I find the same to be excessive. In the result, the sentence of two years passed as against petitioner no.1, is reduced to one year six months. Fine amount in respect of petitioner no. 1 is also reduced from five thousand to three thousand. The conviction and sentence of petitioner no.2 is sustained with alteration of fine amount to Rs. 500 from Rs. 1000. Shashi. (S.P.Singh,J)