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2003 DIGILAW 1334 (RAJ)

Krishna Gopal S/o Shri Sita Ram v. State of Rajasthan

2003-09-18

S.K.KESHOTE

body2003
JUDGMENT 1. - Heard learned Public Prosecutor for the State and the learned counsel for the complainant, perused the judgment of the learned trial Court. 2. Admit. As the State and the complainant are duly represented by the Advocates, the matter is complete. 3. Under the impugned judgment the learned trial Court convicted the accused appellant, the husband of the deceased, for the offence u/ss. 498-A, 304-B, 201, 202 and 176 of the IPC. 4. For the offences u/s. 304-B, IPC, he was sentenced to undergo rigorous imprisonment for seven years with a fine of Rs. One Thousand, (in default of payment of fine, he was ordered to further undergo rigorous imprisonment of six months) Section 304-B of the IPC provides the punishment for dowry death. Sub-section (2) thereof states, whosoever commits dowry death, shall be punished with imprisonment for a term which shall not be less than for seven years but it may extent to imprisonment for life. 5. In this case the accused appellant husband has not only been convicted for the offence u/s. 498-A but also for the offence u/s. 202 of the IPC. Seven years imprisonment is the minimum sentence for the offence committed by the accused u/s. 304-B of the IPC. 6. The learned trial Court has not recorded any reason whatsoever in this matter to award only minimum sentence to the accused appellant. On behalf of the accused appellant only mitigating circumstances stated are that he is young person, it was his first offence and he has not been previously convicted. These are not the mitigating circumstances, which may justify awarding of the minimum sentence for this heinous offence against the society by the husband u/s. 304-B of the IPC. In the facts of this case I am satisfied that in case ultimately the appellant fails in the appeal his sentence is to be enhanced. 7. Issue notice to the accused appellant to show cause why his sentence awarded by the learned trial Court should not be enhanced, if ultimately he fails in the appeal while confirming the judgment of the learned trial Court. Shri Kumawat appears at this stage and accepts notice for the accused-appellant.Appeal allowed. *******