IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1665 of 2010 1. BRAHAMDEO YADAV S/O GANESH YADAV 2. GANESH YADAV S/O LATE SUKAR YADAV 3. NUNWATIA DEVI W/O GANESH YADAV ---- PETITIONERS Versus STATE OF BIHAR --- OPP. PARTY For the Petitioners : Mr. Ranjan Kumar Jha, Advocate. For the State : Mr. Jharkhandi Upadhyay, APP ----------- 02 24.11.2010 Heard both sides. Three petitioners have joined hands in filing the present revision application questioning the pregnability of the appellate order dated 30.09.2010 passed on Cr. Appeal no. 137 of 2009 whereby while upholding the conviction recorded against petitioner no.1 under Sections 498A and 494 the sentence has been reduced. So far as petitioner nos. 2 and 3 (father –in-law and mother-in-law) of the informant are concerned the sentence imposed under Section 498A of the Penal Code was reduced from R.I. for 03 years to R.I. for 06 months. It further appears that petitioners were also charged and held guilty under Section 323 of the Penal Code and imposed certain punishment which was found not sustainable in law by learned lower appellate Court and as such they were acquitted of the said charge(s). Learned counsel for the petitioners submits that there is evidence in the shape of Exhibits A and A/1 to show that the informant married another person. It is next contended that the father-in-law and mother-in-law was found aged about 55 and 52 years respectively at the time of recording conviction. It further 2 appears that they had to fight the criminal litigation for about 11 years. Learned counsel also highlighted the fact that only two family members have supported the prosecution case. Learned APP appearing on behalf of the State, on the other hand, submits that learned trial Court appraised the evidence on record whereafter came to the conclusion that the charges have been proved. Learned lower appellate Court re-scanned the evidence and thereafter found that charges under Sections 494 and 498A of the Penal Code were proved whereas charges punishable under Section 323 of the Penal Code was not proved beyond shadow of all reasonable doubts. It is thus contended that there is concurrent findings of guilt recorded by the two Courts below which cannot be said to be perverse. I have heard the parties. This much is discernible from the trial Court’s judgment that the informant also married another person. Petitioner no.1 (husband), as per allegation, has also married another lady. It further appears from the trial Court’s judgment that the father-in-law and mother-in-law (petitioner nos.2 and 3) were found fairly aged at the time of conviction. Having regard to these facts appearing from the record, this Court is satisfied that petitioners deserve a lesser punishment. Accordingly, the conviction recorded under Section 494 of the Penal Code against petitioner no.1, namely Brahamdeo Yadav is reduced to R.I. for 09 months. So far as petitioner nos. 2 and 3, namely Ganesh Yadav and Nunwatia Devi are concerned, their sentence recorded under Section 498A of the Penal Code is reduced to R.I. for 03 months. The other 3 part(s)/condition(s) of sentence(s) shall remain intact. With this modification in sentence only, the application is dismissed. Sym (Kishore K. Mandal, J.)