6/28/2019 Shahada Khatoon and ors Vs Amjad Ali and ors - Citation 667712 - Court Judgment | LegalCrystal

Shahada Khatoon and ors. Vs. Amjad Ali and ors. - Court Judgment

LegalCrystal Citation legalcrystal.com/667712

Subject Family;Criminal

Court Supreme Court of India

Decided On Apr-07-1999

Case Criminal Appeal No. 83 of 1996

Number

Judge G.B. Pattanaik and; M.B. Shah, JJ.

Reported in 2000(1)ALD(Cri)305; 1999CriLJ5060; I(2000)DMC313SC; JT1999(10)SC260;

2000(1)KLT696(SC); 2000(2)MPHT1; 1999(2)MPLJ448; 1999(II)OLR(SC)333;
(1999)5SCC672

Acts Code of Criminal Procedure (CrPC) - Sections 125(3)

Appellant Shahada Khatoon and ors.

Respondent Amjad Ali and ors.

Excerpt:
- maxims falsus in uno falsus in omnibus: [s.b.sinha & dr.mukundakam sharma,jj] held, it has no
application in india.indian evidence act, 1872 section 3: [s.b.sinha & dr.mukundakam sharma,jj]
doctrine falsus in uno falsus in omnibus held, it has no application in india.indian penal code, 1890
sections 300 & 34: murder - common intention - appellants along with three others allegedly
assaulted deceased - high court affirmed judgment of conviction of appellant while giving benefit of
doubt to three other accused - benefit of doubt given only because testimonies of witnesses in regard
to place of assault on person of deceased were not corroborated by medical evidence held, high court
failed to notice that all the five accused persons were charged of having common object of causing
murder..........non-payment there has been a breach of the order and therefore the magistrate would
be entitled to impose sentence on such a person continuing him in custody until payment is made.
we are unable to accept this contention of the learned counsel for the appellants. the language of sub-
section (3) of section 125 is quite clear and it circumscribes the power of the magistrate to impose
imprisonment for a term which may extend to one month or until the payment, if sooner made. this
power of the magistrate cannot be enlarged and therefore, the only remedy would be after expiry of
one month, for breach of non-compliance of the order of the magistrate the wife can approach again
to the magistrate for similar relief. by no stretch of imagination the magistrate can be permitted to
impose sentence.....

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Judgment:
ORDER
1. The short question that arises for consideration is whether the learned single Judge of the Patna
High Court correctly interpreted Sub-section (3) of Section 125 of the Cr.P.C. by directing that the
Magistrate can only sentence for a period of one month or until payment, if sooner made. The
learned Counsel for the appellants contends that the liability of the husband arising out of an order
passed under Section 125 to make payment of maintenance is a continuing one and on account of
non-payment there has been a breach of the order and therefore the Magistrate would be entitled to
impose sentence on such a person continuing him in custody until payment is made. We are unable
to accept this contention of the learned Counsel for the appellants. The language of Sub-section (3) of
Section 125 is quite clear and it circumscribes the power of the Magistrate to impose imprisonment
for a term which may extend to one month or until the payment, if sooner made. This power of the
Magistrate cannot be enlarged and therefore, the only remedy would be after expiry of one month,
for breach of non-compliance of the order of the Magistrate the wife can approach again to the
Magistrate for similar relief. By no stretch of imagination the Magistrate can be permitted to impose
sentence for more than one month. In that view of the matter the High Court was fully justified in
passing the impugned order and we see no infirmity in the said order to be interfered with by this
Court. The appeal accordingly fails and is dismissed.

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