ORDER :

Anubha Rawat Choudhary, J.

Heard Mr. Anand Kumar Sinha, the learned counsel appearing on behalf of the petitioners namely, Milan Singh and Basu Singh @ Basudeo Singh.

2. Heard Mrs. Lily Sahay, the learned A.P.P. appearing on behalf of the Opposite Party-State.

3. As per the records, it appears that the present criminal revision petition was initially preferred by four petitioners, but the name of Petitioner No.2 namely, Gouri Singh @ Gouri Shankar Singh was dismissed as not pressed vide order dated 30.01.2015 and the petitioner No.4 namely, Kalo Devi died on 28.11.2018 which is apparent from the affidavit dated 15.10.2020 filed by the State on 20.10.2020 and accordingly, pursuant to order dated 20.10.2020, her name has been deleted from the cause title of the criminal revision petition.

4. Accordingly, the present criminal revision petition is confined to the Petitioner No.1 namely, Milan Singh and Petitioner No.3 namely, Basu Singh @ Basudeo Singh only.

5. The present criminal revision petition is directed against the Judgment dated 19.07.2014 passed by the learned Additional Sessions Judge-V, Palamau at Daltonganj in Criminal Appeal No. 143 of 2012 whereby and whereunder the conviction and sentence of the petitioners under Section 498(A) of the Indian Penal Code passed by the learned Judicial Magistrate, 1st Class, Palamau at Daltonganj vide Judgment of conviction and the order of sentence dated 18.10.2012 in Complaint Case No.136/2006 (T.R. No. 160/2012) has been affirmed and the criminal appeal has been dismissed.

6. The learned Trial Court had convicted the petitioners under Section 498(A) of the Indian Penal Code and had sentenced the Petitioner No.1 namely, Milan Singh to undergo Simple Imprisonment for 02 years with fine of Rs.2,000/- and in default in payment of fine, to undergo additional Simple Imprisonment for 01 month and had sentenced the Petitioner No.3 namely, Basu Singh @ Basudeo Singh alongwith Gouri Singh @ Gouri Shankar Singh and Kalo Devi to undergo Simple Imprisonment for 01 year with fine of Rs.1,000/- each and in default in payment of fine, to undergo additional Simple Imprisonment for 15 days each. However, the learned trial court acquitted the petitioners from the charge under Section 4 of the Dowry Prohibition Act.

Arguments on behalf of the petitioners :

7. Learned counsel for the petitioners while assailing the impugned judgments submitted that the Petitioner No.1 namely, Milan Singh is the husband and the Petitioner No.3 namely, Basu Singh @ Basudeo Singh is the father-in-law of the Complainant. So far the rest two petitioners are concerned, the case of the Petitioner No.2 (Gouri Singh @ Gouri Shankar Singh) has been dismissed as not pressed vide order dated 30.01.2015 as he did not surrender at the stage of revision and the Petitioner No.4 (Kalo Devi) has already expired on 28.11.2018 and pursuant to order dated 20.10.2020, her name has been deleted from the cause title. Accordingly, the present criminal revision petition is required to be considered for the Petitioner Nos. 1 and 3 only.

8. He further submitted that the learned trial court has acquitted all the accused persons under Section 4 of the Dowry Prohibition Act and there is no finding recorded by the learned courts below that the cruelty was to such an extent that the Complainant would have committed suicide and therefore, the conviction of the petitioners under Section 498(A) of the Indian Penal Code passed by the learned trial court and affirmed by the learned appellate court is not sustainable in the eyes of law.

9. The learned counsel for the petitioners further submitted that without prejudice to the aforesaid submissions, the facts remains that the petitioners were all along on bail during trial and both have remained in jail custody from 14.11.2014 to 04.02.2015 i.e. for 02 months and 21 days at revisional stage of the case. He further submitted that the Complaint was filed as back as on 16.02.2006 and since then, more than 15 years