Mukha Singh, S/o. Hajura Singh v. State of Rajasthan
2024-03-06
MANOJ KUMAR GARG
body2024
DigiLaw.ai
JUDGMENT : 1. The present criminal appeal has been filed by the appellant challenging the judgment dated 12.07.2002 passed by learned Additional Sessions Judge No.2, District Hanumangarh (hereinafter referred to as ‘the trial court’) in Sessions Case No.06/2001 by which the trial court convicted and sentenced the appellant as under : Offence U/s 498-A IPC : Two years’ R.I. and fine of Rs.1,000/- and in default of payment of fine, to further undergo three months’ R.I. Offence U/s 306 IPC : Five years’ R.I. and fine of Rs.1,000/- and in default of payment of fine, to further undergo three months’ R.I. 2. Both the sentences were ordered to run concurrently. 3. Brief facts of the case are that on 29.01.2001, Sunder Singh – father of the deceased (PW.2) filed a complaint before SHO, Police Station Hanumangarh Junction, inter-alia alleging therein that he got his daughter (deceased) married to the appellant – Mukha Singh about eight months ago. At the time of marriage, certain dowry articles were given by the parents of the deceased. But after some time of marriage, her husband and in-laws started harassing the deceased mentally and physically for bringing less dowry. On 28.01.2001, upon receiving some information about illness about his daughter (deceased), Sunder Singh (PW.2) immediately reached at the appellant’s house where he found his daughter (deceased) hanging in a room. 4. On this report, Police registered the FIR No.51/2001 and started investigation. On completion of investigation, challan was filed against the appellant for offences under Sections 304-B, 498-A, & 34 IPC. 5. Thereafter, charges were framed by the learned trial court against the appellant under Section 304-B IPC and in alternate Sections 306 IPC & 498-A IPC, who pleaded not guilty and claimed trial. 6. During the course of trial, the prosecution examined as many as 7 witnesses in support of its case. Thereafter, statement of the accused-appellant under section 313 Cr.P.C was recorded. In defence, two witnesses were examined by the appellant. 7. Upon conclusion of the trial, the learned trial court vide impugned judgment dated 12.07.2002 convicted and sentenced the accused-appellant for aforesaid offences. 8.
Thereafter, statement of the accused-appellant under section 313 Cr.P.C was recorded. In defence, two witnesses were examined by the appellant. 7. Upon conclusion of the trial, the learned trial court vide impugned judgment dated 12.07.2002 convicted and sentenced the accused-appellant for aforesaid offences. 8. At the threshold, learned counsel for the accused-appellant does not challenge the finding of conviction but it is submitted that the occurrence relates back to year 2001 and the appellant has so far suffered about 18 months of sentence, out of total sentence of five years’ S.I. In such circumstances, it is prayed that the sentence awarded to the accused-appellant for the offences under Sections 498-A and 306 IPC may be reduced to the period already undergone by them. 9. On the other hand, the learned Public Prosecutor opposed the submissions made by the learned counsel for the accused-appellant. The learned PP submitted that there is neither any occasion to interfere with the sentence awarded to the accused appellant nor any compassion or sympathy is called for in the said case. 10. I have perused the evidence of the prosecution as well as defence and the judgment passed by the trial Court regarding conviction of the accused-appellant. 11. It is not disputed that the occurrence has taken place in the year 2001 and the accused-appellant has suffered about 18 months sentence, out of total sentence of five years’ S.I. and so also suffered the agony and trauma of protracted trial. Thus, looking to the over-all circumstances and the fact that the accused-appellant has remained behind the bars for considerable time, it will be just and proper if the sentence awarded by the trial court for offences under Sections 498A & 306 IPC is reduced to the period already undergone by them. 12. Accordingly, the criminal appeal is partly allowed. While maintaining the appellant’s conviction for offences under Sections 498A & 306 IPC, the sentence awarded to him for aforesaid offences is hereby reduced to the period already undergone. The fine imposed by the trial court is hereby maintained. Three months’ time is granted to deposit the fine amount before the trial Court. In default of payment of fine, the appellant shall undergo one month’s S.I. The appellant is on bail. He need not to surrender. His bail bonds stand discharged. 13. The record of the trial Court be sent back forthwith.