TILAK RAM SINHA vs THE STATE OF MADHYA PRADESH (NOW STATE OF CHATTISGARH) - 2024-02-14

O R D E R

1. Leave granted.

2. The appellant has been convicted under Section 314 of the Indian Penal Code and sentenced to undergo two years rigorous imprisonment with fine of Rs.2,000/- (Rupees two thousand only)

along with the default clause.

3. We have gone through the judgment of the Courts below and we do not find any reason to interfere with the conviction recorded by the Courts below. However, considering the fact that the appellant is aged about 74-75 years and has already undergone six months and twelve days of incarceration, we are inclined to reduce the sentence from the period of two years rigorous imprisonment to the period already undergone, however, we feel that such reduction in sentence should be suitably compensated by way of enhancement of fine.

4. Accordingly, we reduce the sentence to the period already undergone and enhance the fine to Rs.50,000/-, (Rupees fifty thousand only) which shall be deposited by the appellant with the Trial Court within four weeks from today. Upon deposit of the said amount, the Trial Court shall pay the same to the victim within the next four weeks.

5. The impugned order stands modified to the aforesaid extent. The appeal is partly allowed as above.

....................,J.

(VIKRAM NATH)

....................,J. (SATISH CHANDRA SHARMA)

NEW DELHI;

FEBRUARY 14, 2024.

ITEM NO.14 COURT NO.8 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).10090/2019

(Arising out of impugned final judgment and order dated 11-07-2019 in CRA No.1244/1998 passed by the High Court of Chhatisgarh at Bilaspur)

TILAK RAM SINHA Petitioner(s)

VERSUS THE STATE OF MADHYA PRADESH

(NOW STATE OF CHATTISGARH) Respondent(s)

(FOR ADMISSION and I.R.

IA No. 161089/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 161086/2019 - EXEMPTION FROM FILING O.T., IA No. 45915/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES AND IA No. 173290/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 14-02-2024 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Mr. Arvind Minocha, Sr. Adv.

Mr. Mayank Kshirsagar, AOR Ms. Nitya Sharma, Adv.

Ms. Anumita Verma, Adv. Mr. Parth Sarathi, Adv.

Mr. Akhilesh Yadav, Adv. Dr. Dhanlaxmi Iyer, Adv.

For Respondent(s) Mr. Surya Narayan Singh, Sr. Adv.

Ms. Pragati Neekhra, AOR Mr. Aditya Bhanu Neekhra, Adv.

Mr. Aniket Patel, Adv.

UPON hearing the counsel the Court made the following

O R D E R

The appeal is partly allowed in terms of the signed order.

Pending application(s), if any, also stand disposed of.

(NEETU KHAJURIA) (RAM SUBHAG SINGH) ASTT. REGISTRAR-cum-PS COURT MASTER

(Signed order is placed on the file.)