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SUPREME COURT OF INDIA
Ashok Bhan, Ar. Lakshmanan, JJ.
Suresh Damu Mistry - Appellant
Versus
State of Maharashtra - Respondent
Criminal Appeal No. 574 of 2005 (Arising out of SLP (Crl.) No. 6050 of 2004)
Decided On : 18-04-2005
Conviction - Section 498-A and Section 306 Indian Penal Code - The court set aside the conviction under Section 306 IPC and acquitted accused Nos. 2-4 of the charge under Section 498-A read with Section 34 IPC. The accused-appellant was convicted under Section 498-A IPC and sentenced to undergo six months' rigorous imprisonment with a fine of Rs. 1,000/-
Fact of the Case:
The trial court convicted the appellant and other accused under Section 498-A read with Section 34 IPC and Section 306 IPC. The High Court set aside the conviction under Section 306 IPC and acquitted accused Nos. 2-4 of the charge under Section 498-A read with Section 34 IPC. The appellant was convicted under Section 498-A IPC and sentenced to undergo six months' rigorous imprisonment with a fine of Rs. 1,000/-
Finding of the Court:
The court reduced the appellant's sentence to the period already undergone and allowed the appeal accordingly.
Issues: Conviction under Section 498-A and Section 306 IPC, reduction of sentence
Ratio Decidendi: The court set aside the conviction under Section 306 IPC and acquitted accused Nos. 2-4 of the charge under Section 498-A read with Section 34 IPC. The appellant was convicted under Section 498-A IPC and sentenced to undergo six months' rigorous imprisonment with a fine of Rs. 1,000/-
Final Decision: The appeal was allowed and the appellant's sentence was reduced to the period already undergone.
JUDGMENT :
1. Leave granted.
2. The trial court had convicted the appellant along with other accused for an offence punishable under section 498-A read with Section 34 Indian Penal Code and sentenced them to undergo rigorous imprisonment for one year with a fine of Rs. 200/- each; and three years rigorous imprisonment with a fine of Rs. 500/- each for the offence under Section 306 Indian Penal Code. Against their conviction and sentence, the appellant along with other accused filed an appeal before the High Court.
3. The High Court by the impugned order, set aside the conviction awarded under Section 306 Indian Penal Code against all the accused persons. Accused Nos. 2-4 were also acquitted of the charge under Section 498-A read with Section 34 Indian Penal Code., but it convicted the accused-appellant under Section 498- A Indian Penal Code and sentenced to undergo six months' rigorous imprisonment with a fine of Rs. 1,000/- and, in case of default, to suffer further two months' rigorous imprisonment.
4. Aggrieved against the order of the High Court, the appellant is before us. When the special leave petition came up for hearing, this Court issued notice on the question of sentence only.
5. It is stated that the appellant has already undergone more than three months' rigorous imprisonment.
6. Having heard the counsel for the parties, we deem it appropriate to reduce the sentence to the period already undergone. Ordered accordingly. His bail bonds stand discharged.
7. The appeal is allowed accordingly.
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