The High Court upheld lower court's conviction under IPC and Dowry Prohibition Act, affirming that no illegality or impropriety was found in the original judgment.

ORDER :

SUBHENDU SAMANTA, J.

1. Inspite of the matter is being listed under the caption ‘for dismissal’, none appears on behalf of the Petitioner.

2. The instant criminal revision case, under Sections 397 and 401 of the Code of Criminal Procedure, 1973, has been filed against the judgment dated 13.08.2015, passed by the II Additional Sessions Judge, Kurnool at Adoni, in Crl.A.No.83 of 2013, whereby the learned Sessions Judge confirmed the judgment dt.08.04.2013 passed by the Judicial Magistrate of First Class Court, Yemmiganur, in C.C. No.332 of 2010 for the offence punishable under Sections 4 98-A read with 34 IPC and under Section 4 of the Dowry Prohibition Act, and convicted and sentenced to undergo simple imprisonment for two years each and to pay fine of Rs.2,000/- each and in default to undergo simple imprisonment for one month each for the offence under Section 4 98-A IPC. They are also sentenced to undergo simple imprisonment for a period of one year each and to pay fine of Rs.3,000/- each and in default to undergo simple imprisonment for one month each for the offence under Section 4 of the Dowry Prohibition Act.

3. I have perused the order passed by the learned Trial Court.

4. On careful observation of the findings, it appears that learned Trial Court has convicted and sentenced the petitioners to undergo simple imprisonment for two years each and to pay fine of Rs.2,000/- each and in default to undergo simple imprisonment for one month each for the offence under Section 4 98-A IPC. They are also sentenced to undergo simple imprisonment for a period of one year each and to pay fine of Rs.3,000/- each and in default to undergo simple imprisonment for one month each for the offence under Section 4 of the Dowry Prohibition Act by fixing several points for determination. The order of conviction and sentence has also mentioned the evidentiary value of the witnesses in detail and the documents placed by the parties has also been scanned.

5. On a careful perusal of the observation of the learned Trail Court, it appears that the Trial Court has specifically decided the grounds of Petition as mentioned by the Petitioner, he has also decided on the point for determination. I find no illegality and impropriety in the order itself.

6. Considering the same, I find no justification to interfere with the order of conviction and sentence passed by the learned Trial Court.

7. Under the above observation, the instant Criminal Revision Case is dismissed as devoid of merit. The order of suspension of sentence passed by this Court during pendency of the instant Criminal Revision Case is hereby revoked. Since the Petitioner is not present before this Court, let a copy of this order be served upon the learned Trial Court for ready reference.

8. As a sequel, miscellaneous applications pending, if any, shall stand closed.