Ukesh @ Mukesh Sagarvanshi v. State of Chhattisgarh
2025-06-04
SANJAY KAROL, SATISH CHANDRA SHARMA
body2025
DigiLaw.ai
ORDER : Criminal Appeal No.84/2017 1. Vide judgment and order dated 13th August, 2003 the appellant herein was convicted for having committed murder of his wife in session trial no.44 of 2003. 2. The Judgment dated 13th August, 2003 passed by the VIIIth Additional Sessions Judge, Fast Track Court, Raipur (C.G.) stands affirmed by the High Court in terms of the impugned judgment dated 06th November, 2012 passed in Criminal Appeal No.1099 of 2003. 3. Having heard learned counsel for the parties and also on perusal of the records available, we are of the considered view that interest of justice would be best met with the disposal of the appeal on the following terms:- (a) We uphold the findings and judgment of conviction as rendered by the courts below which is based on the evidence led by the parties, more so by the prosecution. (b) However, we notice from the custody certificate dated 03rd June, 2025 as produced by the learned counsel appearing for the respondent-State of Chhattisgarh that the appellant has already suffered incarceration for a period of 19 years one month and 24 days (including period of remission). The courts below had directed the appellant to suffer imprisonment for life. (c) In the attending facts and circumstances, more so considering the age and ailment of the appellant, we modify the sentence of life as awarded by the High Court to that of sentence already undergone by the appellant. 4. The appellant be released forthwith, if not required in any other case. 5. The appeal stands disposed of accordingly. 6. Pending application(s), if any, shall stand disposed of.