Research › Browse › Judgment

Supreme Court of India · body

2005 DIGILAW 841 (SC)

Suresh Damu Mistry v. State of Maharashtra

2005-04-18

A.R.LAKSHMANAN, ASHOK BHAN

body2005
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.