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IRSHAD versus STATE OF U.P.

High Court of Judicature at Allahabad

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Irshad v. State Of U.P. - CRIMINAL REVISION No. 3173 of 2006 [2006] RD-AH 10589 (8 June 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.4

CRIMINAL REVISION  NO. 3173 OF 2006

Irshad.................................................Revisionist.

                   Versus

State of U.P............................................Opposite Party.

Hon. Mrs. Poonam Srivastava, J.

Heard Sri V.M. Zaidi learned counsel for the revisionist and learned A.G.A. for the State.

As agreed between the parties, the instant revision is decided finally at this stage.

This revision has been filed against the judgment and order of conviction.  The complainant Smt. Praveen instituted the First Information Report at case crime no. 314 of 1998 under Sections 498-A, 323 I.P.C. P.S. Lisari Gate, District Meerut against the present revisionist Irshad along with Naushad, Rashid, Shahid, Faiyaz and Smt. Mehrun Nisha with the allegation that the complainant married the revisionist Mohd. Irshad and all the accused subjected the first informant to harassment, cruelty and physical tortured her. The constant demand of dowry was made on account of the reason that her parents were not able to fulfill demand of dowry.  She was harassed and severely beaten on several occasions.  The Magistrate framed charge under Sections 498-A, 323/34 I.P.C.  The complainant examined herself as P.W.1, Sadab P.W.2, S.I. M.P. Sharma P.W.3 and also proved the documentary evidence such as F.I.R., chik etc.  The Magistrate acquitted all the co-accused named in the F.I.R. but for the present revisionist, the charge was found to be proved. The case under Section 323 I.P.C. was found to be false and, therefore, he was given a clear acquittal under Section 323 I.P.C. The present revisionist was sentenced for two years simple imprisonment with fine of Rs.2000/-  

The revisionist preferred a criminal appeal no.8 of 2004 in the court of Additional Sessions Judge, court no.4, Meerut and the same was partly allowed and the sentence was reduced from two years to one year imprisonment under Section 498-A I.P.C. vide judgment and order dated 29.5.2006. I have perused the impugned judgment. The revisionist is in jail since 7.12.2005.  Sri Zaidi has admitted that the revisionist continues to be in jail and is undergoing imprisonment since the date he was taken into custody, when the judgment was passed in criminal appeal on 29.5.2006.

After hearing counsel for the revisionist and learned A.G.A. at length, I am satisfied that the conviction of the revisionist under Section 498-A I.P.C. does not call for any interference.  Finding is to the effect that offence under Section 498-A I.P.C. is made out on the basis of evidence on record.  However, the present revision is partly allowed and the sentence of one year is reduced to the period of imprisonment already undergone.

Dt. 8.6.2006

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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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