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Gujarat High Court · body

2016 DIGILAW 940 (GUJ)

Dipsinh v. State of Gujarat

2016-05-02

RAJESH H.SHUKLA

body2016
JUDGMENT Rajesh H. Shukla, J. 1. Criminal Appeal No. 609/2011 is filed by the appellant-original accused No. 1 under Section 374(2) of the Criminal Procedure Code, 1973 challenging the impugned judgment and order rendered in Sessions Case No. 118/2010 by the Additional Sessions Judge, Panchmahal at Godhra dated 20th April, 2011 recording conviction of the appellant-original accused No. 1 for the offence under Section 498(A) of the Indian Penal Code as stated in detail in the judgment. 2. Criminal Appeal No. 387/2012 is filed by the appellant-State under Section 378(1)(3) of the Criminal Procedure Code, 1973 against the judgment and order of acquittal for the offence under Section 306 and 114 of the Indian Penal Code qua original accused No. 1 and for the offence under Sections 498(A), 306 and 114 of the Indian Penal Code qua original accused Nos. 2 and 3. 3. The facts of the case briefly summarized are as follow:- 3.1 The deceased-daughter of the complainant was married to the appellant original accused No. 1 (of Criminal Appeal No. 609/2011) before 11 years and the original accused Nos. 2 and 3 are the in-laws. However, the harassment is said to have been caused to the deceased-daughter of the complainant for about 5 years on the grounds of domestic work as well as on the ground that she does not know how to prepare the food and the accused No. 1 is said to have stated while driving out the deceased that he would prefer to bring another bride, who is doing job and who is earning. The demand for the financial help is also said to have been made as the original accused No. 1 was constructing the house at Godhra, for which, the demand was made. Thus the harassment was caused to the deceased-daughter of the complainant, which led her to commit suicide on 17.04.2010. Therefore, the complaint came to be filed by the complainant-father, which has been initially registered as Accident Death Case at Morva Police Station and, thereafter, same has been registered as FIR being C.R. No. I-42/2010 for the offences under Sections 498(A), 306 and 114 of the Indian Penal Code with Morva Police Station. 3.2 After the investigation was over, the chargesheet was filed and as the offences were triable by the Court of Sessions, it was committed to the Sessions Court, Godhra. 3.2 After the investigation was over, the chargesheet was filed and as the offences were triable by the Court of Sessions, it was committed to the Sessions Court, Godhra. 3.3 Thereafter, the Sessions Judge has proceeded with the trial and recorded the evidence of the prosecution witnesses. 3.4 After recording of the evidence of the prosecution witnesses was over, the Sessions Court recorded further statements of the accused under Section 313 of the Criminal Procedure Code. 3.5 After hearing learned APP as well as learned advocate for the defence, the Court below passed impugned judgment and order as stated above. 4. It is this judgment and order, which has been assailed by the original accused No. 1 in conviction appeal and by the State in acquittal appeals on the grounds stated in both appeals. 5. Heard learned advocate, Ms. K.M. Shah appearing for the accused in both appeals and learned APP Ms. Punani appearing for the State in both appeals. 6. Learned advocate, Ms. Shah for the appellant in Criminal Appeal No. 609/2011 referred to the testimony of Dr. Gupta, P.W.-1 at Exh. 11, who had also made the postmortem report. Learned advocate, Ms. Shah also referred to the testimony of P.W.-2, complainant-father at Exh. 16 and also referred to the FIR at Exh. 18. It was submitted that there is delay in filing the FIR. Further she has stated that the complainant-father has improvised in the complaint, for which, she referred to the omissions, which have been admitted in the cross-examination. She pointedly emphasized the cross-examination, where it has been I admitted by the complainant-father that he has not stated in his statement before the Police that demand for money was made often and amount of Rs. 2.00 lacs was demanded, for which, the complainant had given Rs. 40,000/- and, thereafter on 14.04.2010, the deceased-daughter was sent for Rs. 1,50,000/-. Again it has been admitted that in the statement before the Police, it has not been stated that the appellant-original accused No. 1, son-in-law had slapped the daughter and, therefore, she had returned to the parental house and, thereafter, the complainant accompanied by other 2-3 persons had sent her to matrimonial house. Therefore, learned advocate, Ms. Shah has referred to the testimony of P.W.-2, complainant-father at Exh. 16 and his complaint at Exh. Therefore, learned advocate, Ms. Shah has referred to the testimony of P.W.-2, complainant-father at Exh. 16 and his complaint at Exh. 18 and tried to submit that there is some exaggeration, therefore, the Court below has committed an error in appreciating the material and evidence on record. She also referred to the testimony of P.W.-3 at Exh. 19, the testimony of P.W.-4 at Exh. 20 (sister), P.W.-5, mother at Exh. 21. Learned advocate, Ms. Shah also referred to the testimony of brother, P.W.-6 at Exh. 22. It was submitted that no independent witnesses have been examined and there is no whisper about the demand in the first complaint. She also emphasized about the delay in filing of the FIR and submitted that there is no explanation for the delay. Learned advocate, Ms. Shah again referred to the testimony of the complainant-father at Exh. 16 and the complaint to emphasis that there are several improvisations. She also referred to the testimony of IO and submitted that in the initial entry, there is no reference about the demand, which suggests the improvisation and false implication. She submitted that nothing has been revealed that there was any demand for the money or there was any harassment. Learned advocate, Ms. Shah also referred to further statements of the accused recorded under Section 313 of the Criminal Procedure Code and submitted that the deceased used to go to her parental house, which would give her sufficient space and time to cool down and, therefore, the Court below has rightly recorded the acquittal for the offence under Section 306 of the Indian Penal Code. Learned advocate, Ms. Shah also submitted that span of marriage life is also 11 years and the presumption would not be available. She submitted that fact that all these period, there is no such harassment and, therefore, the chances of false implication, may also be considered. She emphasized that there are not independent witnesses. 7. Learned advocate, Ms. Shah submitted that the prosecution has to stand on its leg and prove the charges beyond reasonable doubt. She submitted that the Court below has recorded acquittal for the offence under Section 306 of the Indian Penal Code on overall appreciation of material and evidence as there may not be any abetment or inducement, which may have led the deceased to commit suicide. 8. Alternatively, learned advocate, Ms. She submitted that the Court below has recorded acquittal for the offence under Section 306 of the Indian Penal Code on overall appreciation of material and evidence as there may not be any abetment or inducement, which may have led the deceased to commit suicide. 8. Alternatively, learned advocate, Ms. Shah submitted that two children are looked after by the appellant-original accused No. 1 and, therefore, benefit under the Probation of Offenders' Act may be granted. She also submitted that otherwise, the sentence may be reduced or modified suitably and the present appeal may be allowed. 9. Per contra, learned APP Ms. Punani referred to the testimony of the complainant-father at Exh. 16 and the FIR at Exh. 18 and submitted that the complainant-father in his testimony at Exh. 16 has fully corroborated on material aspects. She submitted that the omissions referred to in the cross-examination are not justified and it has to be read in the background and context of the facts. Learned APP Ms. Punani submitted that the evidence may be considered as it is and the judgment recording acquittal is erroneous. Learned APP Ms. Punani further submitted that as such offence involving the social issues are found in the four walls of the home and, therefore, there may not be any independent witnesses and the witnesses would be naturally the relative of the deceased and, therefore, it cannot be said that the witnesses are interested witnesses or they are bent upon for the conviction of the appellant-original accused No. 1. 10. Learned APP Ms. Punani also submitted that the demand for the dowry and the harassment over a trivial matter is fully corroborated by the testimony of other witnesses and she has been suffering from ill-treatment and still the efforts were made to save the marriage life. Learned APP Ms. Punani submitted that the testimony of other witnesses corroborating on the aspect of ill-treatment as well as the demand would establish the offence under Sections 498(A) and 306 of the Indian Penal Code. It was submitted that though it has been contended that the appellant-original accused No. 1 has taken loan from the bank for the purpose of house, it is also required to be mentioned that same loan has been repaid and that is the reason for making such demand so that one may not have to pay installment and the interest. It was submitted that though it has been contended that the appellant-original accused No. 1 has taken loan from the bank for the purpose of house, it is also required to be mentioned that same loan has been repaid and that is the reason for making such demand so that one may not have to pay installment and the interest. She, therefore, submitted that the Court below has appreciated material and evidence on record. Learned APP Ms. Punani submitted that in fact, constant harassment and ill-treatment couple with the demand would create situation for the victim, where she was realized that she was left with no option but to commit suicide and, therefore, the acquittal recorded by the Court below under Section 306 of the Indian Penal Code is not justified, which led to filing of the acquittal appeal by the State. 11. Learned APP Ms. Punani also submitted that the abetment could be in a different manner, by which, a person is driven out to commit suicide. She therefore submitted that if the situation is created by which a person like the deceased is compelled to commit suicide, it would attract the offence under Section 306 of the Indian Penal Code as necessary ingredients can be said to have been fulfilled, which has not been appreciated by the Court below. 12. In rejoinder, learned advocate, Ms. Shah referred to the impugned judgment, observation and also again the testimony of the witnesses including the complainant-father at Exh. 16. She submitted that for the offence under Section 306 of the Indian Penal Code for the abetment, as provided under Section 107, ingredients have to be fulfilled. She submitted that as necessary ingredients are not fulfilled, the offence has not been established beyond reasonable doubt and, therefore, the judgment recording acquittal is just and proper. She further submitted that it has been admitted by the complainant-father and other witnesses that the deceased-daughter used to come to the parental house, which suggests that she had sufficient time to balance her or ventilate her grievance, therefore, it cannot be said that she was left with no option but to commit suicide. Learned advocate, Ms. Shah submitted that assuming that what is stated by the complainant-father, P.W.-2 in his testimony at Exh. Learned advocate, Ms. Shah submitted that assuming that what is stated by the complainant-father, P.W.-2 in his testimony at Exh. 16 and corroborated by other witnesses like mother and sister even then, the ingredients for the offence under Section 306 of the Indian Penal Code are not fulfilled and it would not attract the offence under Section 306 of the Indian Penal Code and the judgment and order recording acquittal for the offence under Section 306 of the Indian Penal Code is just and proper. She further submitted that if on appreciation of material and evidence on record, it could be made out that there was no demand for the financial help, the allegations are of routine nature and it would not amount to harassment or cruelty and, therefore, the appeal filed by the appellant-original accused No. 1 against conviction may be allowed. 13. In view of these rival submissions and on appreciation of material and evidence, it transpires that the appellant-accused is said to have caused harassment and ill-treatment to the deceased-daughter of the complainant and the testimony of the complainant-father, P.W.-2 at Exh. 16 clearly refers to this aspect. He has specifically stated about the demand for the money made by the accused with specific ground or reason that it was demanded for the construction of the house. He has further stated that he had offered Rs. 40,000/- and sent her back to the matrimonial home and again on 14.04.2009, the accused is said to have sent the deceased-wife-daughter of the complainant again for getting Rs. 1,50,000/- to Rs. 2,00,000/-. He has further stated about other harassment regarding domestic work. The complainant-father in his testimony at Exh. 16 has also stated that the appellant is said to have complained that she does not know domestic work and as she is not earning by doing job, he would bring as a wife the teacher, who would be earning. Therefore, the daughter of the complainant was driven out 3-4 times and the complainant has stated that they would try to patch up with the accused and sent her back to the matrimonial house. Therefore, the daughter of the complainant was driven out 3-4 times and the complainant has stated that they would try to patch up with the accused and sent her back to the matrimonial house. He has also stated that from his village to Santrod, he reached the house of the daughter, where it was locked and he was also not informed about anything by the neighbours and, therefore again he went to the Santrod, house of the deceased-daughter, where he found gathering there and learnt that the deceased has committed suicide. This testimony of the complainant-father has been corroborated by other evidence in the form of the testimony of sister, P.W.-4 at Exh. 20, mother, P.W.-5 at Exh. 21. The submission made by learned advocate, Ms. Shah that there was delay in filing the complaint and specifically referring to the cross-examination, she has tried to suggest about improvement, cannot be said to be affecting the prosecution case. The allegation about the demand for dowry are clearly established and it is required to be stated that the accused had taken a loan from the bank for the construction of the house, which is not in dispute. Thus though the submission is made that he has taken loan from the bank and, therefore, there was no reason to make demand for dowry, it cannot be readily accepted. It is required to be stated that it is precisely for such reason, demand could have been made so that the loan may be repaid. It is also admitted that he has returned the loan of the bank. The submissions, which have been made that no independent witnesses have been examined, is also misconceived. It is well accepted that such offence takes place in four wall of the matrimonial house and naturally the witnesses would be his relatives and the friends of the parents. Therefore, the moot question is whether the harassment was caused to the deceased as would amount to cruelty within the meaning of Section 498(A) of the Indian Penal Code. Further, whether on the basis of the material and evidence, it can be said that there was an abetment to commit suicide, which would attract the offence under Section 306 of the Indian Penal Code. Further, whether on the basis of the material and evidence, it can be said that there was an abetment to commit suicide, which would attract the offence under Section 306 of the Indian Penal Code. Again for that purpose, whether the material and evidence establishes the harassment and ill-treatment creating situation that the deceased is left with no option but to commit suicide. 14. The provision of Section 498(A) of the Indian Penal Code referred to the aspect of cruelty. The Explanation to Section 498(A) of the Indian Penal Code provide that "cruelty" means any willful conduct which is of such a nature as is likely to drive the woman to commit suicide. Again it also refers to the harassment with a view to meet with any unlawful demand for the property or valuable security. In the facts of the case, the demand is said to have been made and as stated by the complainant-father with specific details clearly suggests that the demand was made and in fact, he had initially tried to meet with it, however as the full amount as demanded was not fulfilled, he has stated that the deceased-daughter was sent again with a demand for about Rs. 1½ lacs to Rs. 2 lacs. Moreover, the complainant-father has also stated the reasons for the ground on which the demand was made, which is not in dispute inasmuch as it is the say of the accused himself in the defence that he had taken the bank loan and, therefore, he would not have made any demand. Again it suggests that there was construction of the house, for which, the amount was spent. Admittedly there was a loan, which is also repaid and that is why it would suggest and support the prosecution about the demand. Thus when the deceased-daughter of the complainant has been persistently asked to get money and when it is not fulfilled, a situation is created for a woman that she would feel helpless. On one hand, due to financial condition and capacity, it may not be possible to fulfill by the parents and on the other hand, there is a pressure for the demand for money leading to ill-treatment and harassment. On one hand, due to financial condition and capacity, it may not be possible to fulfill by the parents and on the other hand, there is a pressure for the demand for money leading to ill-treatment and harassment. Therefore in such a situation, the married woman would know the limitation of the father and would also know that when he has partly fulfilled but has not able to fulfill the demand, it would continue ill-treatment at the matrimonial house. It is this situation which would put a person in a predicament creating mental pressure, which may ultimately lead to the suicide. Moreover, the suicide may not be committed in a spur of moment but it may be reflecting the mental pressure and tolerance capacity and every person may have different tolerance capacity but at the same time, when the pressure is mounting, the person may be driven to commit suicide. The Hon'ble Apex Court in a judgment in case of M. Mohan Vs. State represented by the Deputy Superintendent of Police, reported in (2011) 3 SCC 626 has made the observation, "The word 'suicide' in itself is nowhere defined in the Indian Penal Code, however, its meaning and import is well known and requires no explanation. 'Sui' means 'self' and 'cide' means 'killing', thus implying an act of self-killing. In short a person committing suicide must commit it by himself, irrespective of the means employed by him in achieving his object of killing himself." 15. The substantial questions of law, which is required to be addressed whether the acquittal of the appellant under Section 306 of the Indian Penal Code could be sustained or not depending upon the relevant factors and overall material and evidence. The abetment of thing is provided under Section 107 of the Indian Penal Code. Again the Hon'ble Apex Court has quoted earlier judgment of the Hon'ble Apex Court in case of Ramesh Kumar Vs. State of Chhattisgarh, reported in (2001) 9 SCC 618 referring to different shades and meaning of "instigation" and it is observed, "20. Instigation is to goad, urge forward, provoke, incite or encourage to do "an act". To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive of the consequence. Instigation is to goad, urge forward, provoke, incite or encourage to do "an act". To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive of the consequence. Yet a reasonable certainty to incite the consequence must be capable of being spelt out the present one is not a case where the accused had by his acts or omission or by a continued course of conduct created such circumstances that the deceased was left with no other option except to commit suicide in which case an instigation may have been inferred. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation." 16. One more aspect, which is required to be considered is the conduct of the appellant and the in-laws because when the father received telephone and had started for the house of the deceased-daughter, nobody was found there and even neighbours did not inform anything, thereafter, he went to Godhra and again while on his way back to the house of the deceased-daughter, the appellant came to find that people had gathered outside the house of the deceased. The submissions which have been made by learned advocate, Ms. Shah referring to the improvisation or that witnesses are interested witnesses, has no merits inasmuch as in such instances, the witnesses would be the family members with whom the deceased would share the personal matters of the matrimonial discord. It is but natural that the family members like mother would be more probable to share the condition of the daughter at the matrimonial house, which the neighbour may not be conveyed or may not be aware. Therefore merely because the witnesses are the family members, they cannot be labeled as interested witnesses and their evidence is not to be discarded merely because they are the family members. A useful reference can be made to the judgment of the Hon'ble Apex Court in a judgment in case of Vajresh Venkatray Anvekar Vs. State of Karnataka, reported in AIR 2013 SC 329 . Further, the submission made by learned advocate, Ms. A useful reference can be made to the judgment of the Hon'ble Apex Court in a judgment in case of Vajresh Venkatray Anvekar Vs. State of Karnataka, reported in AIR 2013 SC 329 . Further, the submission made by learned advocate, Ms. Shah that there is no such evidence suggesting abetment or enticement to the deceased and torture or harassment even if it is accepted, cannot be believed as the abetment by which the deceased is driven to commit suicide. These aspects have been much emphasized referring to Section 306 of the Indian Penal Code and Section 107 of the Indian Penal Code. The emphasis on this aspect is a matter of appreciation of evidence and as discussed above, there cannot be any straight-jacket formula dealing with such cases and each case has to be decided on the basis of the facts and circumstances. A useful reference can be made to the judgment in case of Gangula Mohan Reddy Vs. State of Andhra Pradesh reported in (2010) 1 SCC 750 . Therefore in background of the facts as discussed, it cannot be said that ingredients for the offence under Section 306 of the Indian Penal Code are not attracted, particularly, when the conviction is recorded for the offence under Section 498(A) of the Indian Penal Code also. 17. The provision of Sections 498(A) and 306 of the Indian Penal Code are independent and constitute different offence. The amendment introduced by Criminal Law (Second) Amendment Act, 1983 to meet a social demand to resolve difficulty of proof where helpless married women were eliminated by being forced to commit suicide by the husband or in-laws and incriminating evidence was usually available within the four-corners of the matrimonial home and hence was not available to any one outside the occupants of the house. Therefore, the provision of Section 113A of the Evidence Act was provided subject to the availability of the circumstances. It is also required to be stated that the Legislature has used the word "may presume" that such suicide had been abetted by her husband. In other words, Parliament has chosen to use word "may presume" suggesting that it is not a mandatory and it is only permissive as the employment of the expression may presume suggests. Again before such presumption could be drawn by the Court, the existing and availability of the circumstance has to be established. In other words, Parliament has chosen to use word "may presume" suggesting that it is not a mandatory and it is only permissive as the employment of the expression may presume suggests. Again before such presumption could be drawn by the Court, the existing and availability of the circumstance has to be established. Thus it is on enabling provision for the Courts to consider on appreciation of material and evidence. Thus abatement evolves a mental pressure of instigating person and existing of such circumstances has to be considered while appreciating the evidence. Again for the purpose, the harassment as would amount to cruelty have the nexus with the suicide suggesting that the deceased victim is left with no choice by creation of circumstances and thereby has been induced to commit suicide. Therefore if the circumstances so created, by which, the victim is facing predicament that she has no option but to commit suicide, the offence under Section 306 of the Indian Penal Code would be attracted. It may not be possible to have any straight-jacket formula as it would depend upon various factors like tolerance, capacity of the individual and other surrounding circumstances. 18. However, the Court below has recorded acquittal, which cannot be sustained. It is also well accepted that the appellate court is obliged to scan through the material and evidence and is rather required to appreciate the material and evidence while considering the appeal. It is also well accepted that there are no fetters on the power of the appellate court to examine the material and evidence. It has been observed by the Hon'ble Apex Court in case of State of Madhya Pradesh Vs. Madanlal, reported in (2015) 7 SCC 681 reiterating the approach in such matters and the exercise of powers by the court. It has been clearly observed quoting from the earlier judgment in case of K. Anbazhagan Vs. State of Karnataka, reported in (2015) 6 SCC 158 , "39. .......... The appellate court has a duty to make a complete and comprehensive appreciation of all vital features of the case. The evidence brought on record in entirety has to be scrutinized with care and caution. It is the duty of the Judge to see that justice is appropriately administered, for that is the paramount consideration of a Judge. .......... The appellate court has a duty to make a complete and comprehensive appreciation of all vital features of the case. The evidence brought on record in entirety has to be scrutinized with care and caution. It is the duty of the Judge to see that justice is appropriately administered, for that is the paramount consideration of a Judge. The said responsibility cannot be abdicated or abandoned or ostracized, even remotely, solely because there might not have been proper assistance by the counsel appearing for the parties. The appellate court is required to weigh the materials, ascribe concrete reasons and the filament of reasoning must logically flow from the requisite analysis of the material on record. The approach cannot be cryptic. It cannot be perverse. The duty of the Judge is to consider the evidence objectively and dispassionately. The reasonings in appeal are to be well deliberated. They are to be resolutely expressed. An objective judgment of the evidence reflects the greatness of mind - sans passion and sans prejudice. The reflective attitude of the Judge must be demonstrable from the judgment itself. A judge must avoid all kind of weakness and vacillation. That is the sole test. That is the litmus test." 19. The Hon'ble Apex Court has laid down the broad guidelines with regard to the scope of acquittal appeals in catena of judicial pronouncements. A useful reference can be made to the judgment of the Hon'ble Apex Court in the case of Chandrappa Vs. State of Karnataka, reported in (2007) 4 SCC 415 . Thus on appreciation of material and evidence as stated above, the findings and conclusion with the reasons recorded for the acquittal for the offence under Section 306 of the Indian Penal Code qua appellant-original accused No. 1 (of Criminal Appeal No. 609/2011) cannot be sustained. In fact while recording conviction for the offence under Section 498(A) of the Indian Penal Code, the Court below appears to have accepted the aspects of demand referring to the cruelty as provided in explanation to Section 498(A) of the Indian Penal Code. 20. Another facet of submission regarding the omission and improvisation even if it is accepted, would not make the prosecution case weak and in fact, it cannot be said to be improvisation merely because some omission is there in a statement before the Police. 20. Another facet of submission regarding the omission and improvisation even if it is accepted, would not make the prosecution case weak and in fact, it cannot be said to be improvisation merely because some omission is there in a statement before the Police. It is well accepted that while appreciating the evidence, the Court has to consider the evidence as a whole and not one line or a sentence. Again it has to be read in background of the facts and totality of the facts and circumstances. Therefore on overall appreciation and scanning of the material and evidence, as discussed above, the provision of Section 306 of the Indian Penal Code would be attracted and constant and repeated demand culminating into suicide would establish the charge for the offence under Section 306 read with Section 498(A) of the Indian Penal Code. Therefore the conviction appeal being Criminal Appeal No. 609/2011 filed by the appellant-original accused deserves to be dismissed. However, the acquittal appeal being Criminal Appeal No. 387/2012 filed by the State against the acquittal of the accused persons for the alleged offences deserves consideration qua the appellant-original accused No. 1 (of Criminal Appeal No. 609/2011) only and the judgment and order recording acquittal of the original accused Nos. 2 and 3 does not call for any interference. 21. In the circumstances, Criminal Appeal No. 609/2011 filed by the appellant-original accused No. 1 deserves to be dismissed and accordingly stands dismissed. The appellant-accused is on bail and, hence, his bail bond stands cancelled and he is directed to surrender before the jail authority within a period of eight weeks from today. 22. Criminal Appeal No. 387/2012 filed by the appellant-State against the acquittal of the accused persons is partly allowed. The impugned judgment and order recording acquittal of the respondent Nos. 2 and 3 - original accused Nos. 2 and 3 is hereby confirmed. However, the impugned judgment and order recording acquittal of the respondent No. 1-original accused No. 1 for the offence under Section 306 of the Indian Penal Code is hereby quashed and set aside. Therefore, the respondent-original accused No. 1 is sentenced to undergo RI for three years and fine of Rs. 1,000/-, in default, to undergo RI for six months. Both the sentence imposed upon the original accused No. 1 shall run concurrently.