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| DB partly allows the appeal and converts section 302 into 304-II | | Trial Court awards life imprisonment, Rs 30,000 fine in dowry death case | | Early Times Reporter
Jammu | Oct 3
Division Bench of J&K High Court, Jammu Wing, comprising Justice Virender Singh and Justice Mansoor Ahmed Mir, partly allowed the appeal filed by the convicts and converted the conviction u/s 302 into section 302-II RPC with the observation that custodial sentence of nine years would meet the ends of justice with Rs 30,000 fine.
Mohan Lal and his brother filed this appeal against the judgment of February 18, 2003 passed by the First Additional Sessions Judge Jammu in a case State Vs Mohan Lal and Others instituted on May 20, 1998 thereby appellant Mohan Lal husband of the deceased and brother-in-law of the deceased came to be convicted for the commission of offences punishable u/s 302/34 RPC and 498-A RPC whereas appellant No 3 mother-in-law of the deceased came to be acquitted u/s 302/34 RPC and convicted u/s 498-A RPC.
According to the prosecution the deceased Santosh Kumari was married to accused Mohan Lal, the accused, his mother and brother were making demand of dowry and treating her with cruelty. Accused Mohan Lal is an employee of the BSF and on March 11, 1998, the parents of the deceased were informed that deceased passed away. After they reached Dab Karam Din deceased was taken for giving a last bath, the mother of the deceased found injuries on her body, they informed the police Kanachak, the police registered a case u/s 302/34 RPC and 498-A RPC and after completion of the investigation challan was presented in the Court of law which was decided and accused was convicted and sentenced to undergo life-imprisonment. The accused against the said judgment filed an appeal in the High Court.
The Judgment written by Justice Mansoor Ahmed Mir for the Division Bench was announced by Justice Virender Singh, after hearing Adv BL Kalgotra appearing for Mohan Lal and Adv OP Thakur appearing for the brother-in-law of the deceased and Additional Advocate General Mr. BS Salathia appearing for the state. DB after referring various judgments of the Supreme Court held that Shani Devi mother-in-law of the deceased was acquitted by the Trial Court and state has not preferred the appeal against her acquittal. The question is what role is played by accused No 2 (brother-in-law of the deceased). There is ample evidence on file proving that the said accused caught hold the deceased. Thus the role of said accused is proved and could be safely fastened with liability with the aid of section 34 RPC.
DB in the approved for reporting judgment further observed that keeping in view the factual back-ground r/w the principles laid down and the decision made, the DB is of the inevitable conclusion that conviction u/s 302 RPC cannot be maintained and the conviction has to be in terms of section 304-II RPC. Custodial sentence of nine years would meet the ends of justice with fine of Rs 30,000, in default, the appellants/accused had to undergo two years rigorous imprisonment. The fine, paid, payable of the daughter of the deceased, the conviction and sentence u/s 498-A RPC is maintained, with this view DB allowed appeal partly and set aside the conviction u/s 302 RPC convicted and sentenced the accused u/s 304-II RPC as indicated above. JNF |
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