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| HC reduces sentence of husband and mother-in-law | | | EARLY TIMES REPORT
JAMMU, Nov: 23 (JNF):- Justice Mansoor Ahmed Mir of J&K High Court Jammu Wing in an appeal has reduced the sentence of husband and mother-in-law of deceased Sapna, as already undergone but increase the fine to the tune of Rs 80000/- (40,000 each to be paid by the appellants).
This criminal appeal has been filed Gopal and Sahati Devi husband and mother-in-law of deceased Sapna against the judgment dated March 24, 2006 whereby the appellants came to be convicted and sentenced for the commission of offence under Sections 306, 498-A RPC and were directed to undergo sentence for a period of six years and a fine of Rs. 5000/-; two years and fine of Rs. 2500/- respectively. However, both the sentences were directed to run concurrently.
The court after hearing hearing Advocate Vinod Kotwal for the appellants whereas Deputy AG BR Chadan appearing for the state respondents observed that keeping in view the statement made at bar by the counsel for appellants, question is whether the sentence can be reduced. Court gone through the impugned orders and is of considered view that the prosecution has proved the case beyond any shadow of reasonable doubt and the appellants rightly came to be convicted. But in the given circumstances, Court deem it proper to reduce the sentence from six years to the period already undergone while keeping in view the fact that as per the Jail Manual appellant no.1 has already undergone a maximum period of sentence, only a few months have left and the age of the appellant no.2, her health conditions and the fact that she is on death bed. My this view is fortified by the Apex Court judgment in case titled R. P. Tyagi Vs. State (Govt. of NCT Delhi) and Jai Raj Vs. State of Tamil Nadu and Ordered accordingly, but the fine is increased to the tune of Rs From 80,000/- in Toto (Rs. 40,000/- each to be paid by the appellants). In case the fine amount is not paid by the appellants, the appeal shall be deemed to have been dismissed in toto and in that event appellant no.2 to surrender. In case the fine is paid, same shall be paid to the parents of the deceased as compensation and appellant no.1 shall be released forthwith, if not required in any other case.
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