Santoshi & Ors. Vs.
State of M.P. [2009] INSC 1105 (20 May 2009)
Judgment
CRIMINAL APPELLATE
JURISDICTION CRIMINAL APPEAL NO.270 OF 2003 SANTOSHI & ORS. ....APPELLANTS
VERSUS ORDER The present appeal is filed by the appellants, who have been
convicted under Section 498-A of the Indian Penal Code (in short 'IPC').
Appellant No.1, Santoshi s/o Maniram Rathore, has been sentenced to undergo
rigorous imprisonment for three years and to pay a fine of Rs.2,000/- by the
Trial Court.
The said conviction
and period of sentence was also upheld by the High Court. So far as the
remaining appellants are concerned, they were also convicted under Section
498-A, IPC. But in case of two of them, i.e. Brahma and Maniram, the sentence
awarded was three years rigorous imprisonment and with a fine of Rs.2,000/-
each and in case of the remaining two the sentence awarded was for a period of
one and half years and to pay a fine of Rs.2,000/- by each one of them.
The High Court,
however, altered the sentence of the appellant Nos.2 to 5 and sentenced each of
them to undergo imprisonment for a term of one year and to pay fine of
Rs.2,000/- by each.
In the appeal, notice
was issued. So far as appellant Nos.2 to 5 are concerned, they were released on
bail on their furnishing bail bonds to the satisfaction of the Trial Court
during the pendency of this appeal. The appeal is now listed for hearing before
us. When we heard Mr. S.K. Gambhir, learned senior counsel appearing for the
appellant, he fairly stated before us that so far as appellant No.1 Santoshi is
concerned, he has already undergone the entire period of sentence i.e. three
years and he has also paid the fine imposed upon him. In that view of the
matter, the appeal filed by Santoshi has been rendered infructuous. So far as
the other appellants, namely, Brahma s/o Maniram Rathore, Maniram s/o Gopal
Rathore, Kalawati w/o Maniram Rathore and Dakshri w/o Bramha Rathore, are
concerned, they have also undergone imprisonment for a term of about 5 to 6
months. We are also informed that they have also paid the fine. Considering the
facts and circumstances of the case and also considering the fact that at least
two of them are ladies, we alter the sentence of imprisonment awarded to them
to the period already undergone by them.
With the aforesaid
modification in the sentence, the appeal filed by the appellant’s stands
disposed of in terms of the order passed by us. The bail bonds of the
appellants who are on bail stand discharged. So far as appellant No.1 is
concerned, he already stands released having undergone the sentence given to
him and therefore he may not be re-arrested in connection with the present
criminal case.
..........................J.
(DR. MUKUNDAKAM SHARMA)
..........................J.
(DR. B.S. CHAUHAN)
NEW
DELHI,
MAY
20, 2009.
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