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VIKRAM NATH, PRASANNA B. VARALE
Ganga Prasad – Appellant
Versus
State Of Chhattisgarh – Respondent
ORDER :
We have heard Ms. Yashika Varshney, learned counsel appearing for the petitioner and Mr. Prashant Singh appearing for the respondent-State of Chhattisgarh.
2. Leave granted.
3. The limited relief claimed by the appellant is for reducing the sentence awarded, to the period of sentence already undergone.
4. The appellant was convicted by the Trial Court under Section 304A of the Indian Penal Code (IPC) and sentenced to one year rigorous imprisonment and to pay a fine of Rs. 500/-(Rupees Five Hundred only). On appeal, the High Court partly allowed the revision and reduced the sentence to six months rigorous imprisonment with the same fine amount.
5. Considering the facts and circumstances of the case, we are not inclined to interfere with the conviction recorded by the courts below. However, we are of the view that the sentence of six months rigorous imprisonment, awarded by the High Court, be reduced to the period already undergone. Fine amount as awarded by the courts below shall be paid by the appellant and disbursed accordingly.
6. To the above extent, the sentence stands modified.
7. The appeal is partly allowed.
8. Pending application(s), if any, shall stand disposed of.
The court modified the sentence to the period already undergone while upholding the conviction under Section 304A IPC.
The court upheld the conviction under Section 304 Part I IPC while modifying the sentence to the time already served due to mitigating circumstances.
Grievous hurt – Sentence can be reduced to period already undergone keeping in view mitigating circumstances of case.
The main legal point established in the judgment is the court's authority to uphold a conviction under section 498A of the Indian Penal Code and to consider the overall circumstances, including the c....
The court confirmed the conviction under section 304(I)/34 while reducing the sentence to time served, considering the lengthy detention and financial situation of the appellant.
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