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2012 DIGILAW 511 (MP)

Shyam Rao v. State of M. P.

2012-05-09

RAKESH SAKSENA

body2012
JUDGMENT 1. Appellant has filed this appeal against the judgment dated 28th February, 2000, passed by Second Additional Sessions Judge, Waraseoni (Balaghat) in Sessions Trial No. 177/1997, convicting the appellant under section 498A of the Indian Penal Code and sentencing him to rigorous imprisonment for two years with fine of Rs. 500/-. 2. In short, the prosecution case is that Shobha Bai, the deceased was married to appellant about 15-20 years ago. The relations between them were not cordial. It is said that after consuming liquor appellant used to manhandle her. Being harassed, Shobha Bai committed suicide by jumping into well on 22.3.1996. 3. Police registered a case under sections 306 and 498A of the Indian Penal Code. 4. During trial, though number of witnesses were examined, but except Radha Bai, the mother of deceased, none of them supported the prosecution case. 5. Learned trial Court relying on the evidence of Radha Bai (PW4), convicted the appellant under section 498A of the Indian Penal Code. However, finding the evidence insufficient, acquitted him of the charge under section 306 of the Indian Penal Code. 6. Aggrieved by his conviction, appellant has filed this appeal. 7. Learned counsel for the appellant has not challenged the finding of conviction of the appellant under section 498A of the Indian Penal Code. He, however, submits that the sentence of imprisonment of the appellant be reduced. He submits that the incident had taken place in the year 1996; since then about 16 years have passed. Appellant is not a person of bad antecedents. He has already remained in jail for a period of about 42 days. On the other hand, learned counsel for the State has opposed the prayer for reduction of sentence. 8. On perusal of the evidence of Radha Bai (PW4), it appears that appellant did not like his wife Shobha Bai, therefore, after consuming liquor he used to beat her. Because of frequent skirmishes, Shobha Bai committed suicide. The evidence of Radha Bai is based on what was said to her by Shobha Bai. Now, since the question of death of Shobha Bai is not an issue, the evidence of Radha Bai would fall in the nature of hearsay evidence. However, it is reflected from the evidence of Radha Bai that appellant harassed deceased and subjected her to cruelty because he did not like her. Now, since the question of death of Shobha Bai is not an issue, the evidence of Radha Bai would fall in the nature of hearsay evidence. However, it is reflected from the evidence of Radha Bai that appellant harassed deceased and subjected her to cruelty because he did not like her. In this view of the matter, I find the conviction of appellant under section 498A of the Indian Penal Code justified. Accordingly, the conviction of appellant under section 498A is affirmed. 9. As far as the question of sentence is concerned, admittedly the incident had occurred in the year 1996 and about 16 years have elapsed since then. No act of serious nature of cruelty has been attributed to appellant. Appellant has already remained in jail for a period of 42 days. In these circumstances, I find that no useful purpose would be served if appellant is again sent to jail for serving out sentence. Therefore, the sentence of imprisonment of two years as awarded by the trial Court deserves to be reduced. However, the fine imposed upon the appellant deserves to be enhanced. 10. Accordingly, the conviction of appellant under section 498A of the Indian Penal Code is affirmed. His sentence of imprisonment is reduced to the period of custody already undergone by him. His fine amount from Rs. 500/- is enhanced to Rs. 2,000/-. The enhanced amount of fine shall be deposited in the trial Court within a period of two months. On failure to deposit the fine amount, appellant shall further suffer simple imprisonment for a period of three months. 11. Appeal partly allowed.