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2018 DIGILAW 884 (SC)

Asha Manwani v. State Of Rajasthan

2018-05-14

ARUN MISHRA, UDAY UMESH LALIT

body2018
ORDER 1. Leave granted. 2. The appellant is the first wife of respondent No. 2 - Sh. Kanheya Lal who performed second marriage with respondent No. 3 - Smt. Balli @ Devi in the year 1987. Respondents 2 and 3 were blessed with three children. While the matter has been pending in this court, respondent No. 3 - Smt. Balli @ Devi died and her name stands deleted from the array of parties. 3. This appeal arises out of complaint case instituted by the appellant against respondents 2 and 3 for offences punishable under Section 494 IPC read with Section 108 IPC. 4. The trial court held respondents 2 and 3 guilty and awarded sentence of Rigorous Imprisonment, for two years which was reduced by the High Court to sentence already undergone i.e. 48 days. Aggrieved thereby, this appeal was filed. This Court issued notice on 22.07.2016, pursuant to which Mr. S.S. Kanduja, learned counsel has entered appearance on behalf of respondent no. 2. We heard Counsel for the parties. 5. While reducing the sentence the High Court took into account the fact that the second marriage had occurred way back in the year 1987. Respondent Nos. 2 and 3 were blessed with three children from that matrimony. 6. Considering the entirety of the facts and circumstances, while upholding the quantum of substantive sentence, as reduced by the High Court, we deem it appropriate to impose additional sentence of fine of Rs. 1,00,000/- (Rupees one lakh) which shall be paid by respondent no. 2 to the appellant within three months from the date of this order failing which the substantive sentence of two years' Rigorous Imprisonment as awarded by the trial court shall stand restored. 7. The appeal stands disposed of accordingly.