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2014 DIGILAW 245 (PAT)

Hareram Mahton Janki Devi v. State of Bihar

2014-02-13

AKHILESH CHANDRA

body2014
JUDGMENT : AKHILESH CHANDRA, J.:–Heard the parties. 2. Both these Appeals have been preferred against the judgment dated 21st May 2002 passed by the learned Additional Sessions Judge-VI, Begusarai in Sessions Trial No. 28 of 1997 arising out of Bakhri P.S. Case No. 09 of 1996 initially instituted under Section 341,323, 307 and 498 (A) of the Indian Penal Code but after trial all the appellants have been convicted for the offence under Section 341 and 498(A) of the Indian Penal Code but the three lady appellants in Crl. Appeal No.364 of 2002 have been released on due admonition but the two male appellants i.e. father-in-law and husband of the complainant/informant (Crl. Appeal No.344 of 2002) have been sentenced to undergo rigorous imprisonment for one year for the offence under Section 498 (A) of the Indian Penal Code but for Section 323 and 341 of the Indian Penal Code to pay a fine respectively Rs.500/- and Rs.100/- and, in default, to undergo simple imprisonment for 15 days and a week. However, all the sentences are to run concurrently. 3. After some argument, learned counsel for the appellants chosen not to challenge the conviction but confined his submissions on the point of sentences. 4. In that view of the matter, latter Appeal i.e. Criminal Appeal (SJ) No. 364 of 2002 preferred by the female appellant has now become infructuous. Accordingly, it is disposed of. 5. Learned counsel for the appellants further submits that both the appellants have suffered substantial detention for reasonable period that apart mental agony and financial sufferings for about 18 odd years. 6. On the other hand, learned Additional Public Prosecutor while considering to the submissions states that the complainant/informant may be compensated in terms of money. 7. Having regard to the facts and circumstances, subject to a consolidated fine of Rs.3,000/- each by the appellants and deposit the same within three months, the sentences awarded to them be reduced as undergone. 8. With the above modification in sentence both these Appeals are hereby dismissed. 9. Let this order be communicated to the Court below concerned through FAX at the cost of appellants.