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2019 DIGILAW 393 (SC)

Baby Singh v. State Of Madhya Pradesh

2019-01-30

DEEPAK GUPTA, SANJIV KHANNA

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ORDER 1. Delay is condoned. 2. Leave granted 3. The appellant - Baby Singh is the wife of one Rajesh. Both the appellant and her husband Rajesh were tried for commission of offence punishable under Section 302 IPC. Accused Rajesh was additionally tried for commission of offence under Section 376(2)(f) and 377 IPC and the present appellant was additionally tried for commission of offence under Section 120-B IPC. 4. The appeals filed by accused Rajesh i.e. Criminal Appeal Nos. 1481-1482 of 2014 was decided by this Court by order dated 8 th September, 2016. While the conviction of the accused appellant therein i.e. Rajesh under Section 376(2)(f) and 377 IPC was maintained and the sentence of life imprisonment was affirmed, the conviction recorded under Section 302 IPC was altered to one under Section 325 IPC and sentence of seven (07) years rigorous imprisonment was imposed. 5. The present appeal filed by the wife i.e. Baby Singh has to be considered in the light of the findings of this Court arrived at in Criminal Appeal Nos. 1481- 1482 of 2014. Reasons given in the judgment and order dated 8 th September, 2016 to hold that the offence under Section 302 IPC is not made out against the accused Rajesh would equally apply to the present case and looking into the injuries caused to the deceased as established by the medical evidence on record which has been elaborately recited in the earlier judgment dated 8 th September, 2016 we alter the conviction of the present appellant Baby Singh from Section 302 IPC to one under Section 325 IPC and award sentence of seven years rigorous imprisonment as in the case of the accused Rajesh. 6. Insofar as the offence under Section 120B IPC is concerned, as the accused appellant (Baby Singh) alone has been convicted under the said offence we are of the view that the said conviction under Section 120-B IPC has no legs to stand. We accordingly set aside the said conviction under Section 120-B IPC. 7. Consequently and in terms of the above we partly allow this appeal by setting aside the conviction of the appellant - Baby Singh under Section 120-B IPC and altering the conviction under Section 302 IPC to one under Section 325 IPC and sentence of life imprisonment to seven years rigorous imprisonment. 8. 7. Consequently and in terms of the above we partly allow this appeal by setting aside the conviction of the appellant - Baby Singh under Section 120-B IPC and altering the conviction under Section 302 IPC to one under Section 325 IPC and sentence of life imprisonment to seven years rigorous imprisonment. 8. The accused appellant (Baby Singh), who is stated to be in prison and has undergone custody for more than five years and nine months, will serve out the remaining portion of the modified sentence as above. 9. The appeal is disposed of in the above terms.