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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY, J.
Dev Chandra Jha son of Late Sukhdev Jha – Appellant
Versus
The State of Jharkhand – Respondent
Cr. Rev. No. 1025 of 2012, Cr. Rev. No. 915 of 2012, Cr. Rev. No. 916 of 2012, Cr. Rev. No. 925 of 2012
Decided on : 17-01-2022
Indian Penal Code, 1860 – Sections 420, 406, 498A – Dowry Prohibition Act, 1961 – Section ¾ - Cheating and dishonestly inducing delivery of property – Judgment of conviction and order – Criminal Appeal – Original petitioner-Jharkhand in Cr. Rev. has died during pendency of these cases and thereafter, he has been substituted by his sons and legal representatives who are present petitioners in this case – Held, Court finds that case was instituted and petitioners have faced rigour of criminal case for more than and no criminal antecedent against them has been brought on record of this case – Court is of view that ends of justice would be served, if sentences of these two petitioners for offence under Section 420 of Indian Penal Code are modified to some extent by enhancing fine amount – Considering entire facts and circumstances of case, sentence (brother-in-law of victim) is modified and reduced to six months with fine and sentence of petitioner (husband of victim), is modified and reduced to one year with fine – Husband of victim has to take greater responsibility for offence committed by him and for sufferings of victim – Dismissed.
JUDGMENT :
1. All the four criminal revision applications arise out of the same Judgment and accordingly, they were heard together and are being disposed of by a common judgment.
2. The original petitioner-Jharkhand Jha @ Jharkhandi Jha in Cr. Rev. No. 925 of 2012 has died during the pendency of these cases and thereafter, he has been substituted by his sons and legal representatives who are the present petitioners in this case.
3. Heard Mr. Sanjeev Thakur, the learned counsel appearing on behalf of the petitioners in Cr. Rev. Nos. 915/2012, 916/2012 & 925/2012 and on behalf of the O.P. Nos. 3 to 5 in Cr. Rev. No. 1025 of 2012.
4. Heard Mr. Baibhaw Gahlaut, the learned counsel appearing on behalf of the Informant-O.P. No.2 in Cr. Rev. Nos. 915/2012, 916/2012 & 925/2012 and on behalf of the Informant-petitioner in Cr. Rev. No.1025/2012.
5. Heard learned counsels appearing for the State.
6. Cr. Rev. Nos. 915/2012, 916/2012 and 925/2012 are directed against the Judgment dated 09.10.2012 passed by the learned Sessions Judge, Bokaro in Criminal Appeal No.189 of 2012 whereby and whereunder the learned appellate court: -
b. acquitted the convicts for offence under Section 406 of the Indian Penal Code.
c. acquitted the convicts for offence under Section 498A of the Indian Penal Code but convicted Shrawan Kumar Jha, Amrendra Kumar Jha and Jharkhand Jha @ Jharkhandi Jha (original petitioner in Cr. Rev. No. 925 of 2012) for offence under section 3 and 4 of Dowry Prohibition Act and sentenced them accordingly.
d. acquitted Ashok Kumar Jha from all the charges and allowed the criminal appeal preferred by Ashok Kumar Jha.
7. Charge was framed under Sections 420, 406, 498A of Indian Penal Code and Section 3/4 of Dowry Prohibition Act against all the four accused persons.
8. The learned trial court, vide Judgment of conviction and order of sentence dated 25.08.2012 passed by the learned Judicial Magistrate, 1st Class, Bokaro in G.R. No.1133 of 2005, T.R. No.1361 of 2012 had convicted all the four accused for offence under Sections 406, 420 and 498A of the Indian Penal Code and acquitted them for offence under Section 3/4 of Dowry Prohibition Act but the appellate court acquitted all for offence under Sections 406 and 498A IPC ; convicted all, except Ashok Kumar Jha, for offence under section 3/4 of Dowry Prohibition Act ; upheld the conviction of all, except Ashok Kumar Jha, for offence under Section 420 of IPC.
9. The details of the conviction and sentence of the accused persons by the learned courts below are as follows:
| Name | Conviction and sentence recorded by the trial court | Conviction and sentence recorded by the appellate court |
| Jharkhand Jha @ Jharkhandi Jha | Convicted all the accused persons under Sections 406, 420 and 498A of IPC and sentenced them to undergo Rigorous Imprisonment for 02 years 06 months and fine of Rs.5,000/- each for each of the offences with default sentences. Acquitted all four accused persons of charges under Sections 3/4 of Dowry Prohibition Act | Acquitted these three persons of charges u/s 406 and 498A of IPC but upheld the conviction u/s 420 of IPC and further convicted them under section 3/4 of D.P. Act and sentenced them to undergo: |
| Amrendra Kumar Jha | (a) S.I. of 2 years and fine of Rs. 1,00,000/- each for offence u/s 3 of D.P. Act with default sentence. The fine amount was directed to be remitted to the victim (P.W-2). (b) S.I. of one year and fine of Rs. 5,000/- u/s 4 of D.P. Act with default sentence. (c) S.I. of 2 years and a fine of Rs. 5,000/- each u/s 420 of IPC with default sentence. | |
| Shrawan Kumar Jha
| ||
| Ashok Kumar Jha | The appe |
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The court affirmed the principle of proportionality in sentencing, emphasizing that evidence must clearly substantiate claims of domestic abuse and dowry demands.
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