Chh HC | Sentence reduced for offence punishable under S. 498 A IPC due to the sentence already undergone and having no criminal antecedent; Appeal allowed

Chhattisgarh High Court: Arvind Singh Chandel J., allowed the appeal and reduced the sentence to the period already undergone by the petitioner for an offence punishable under Section 498-A Penal Code, 1860.

The facts of the case are such that about 1 ½ year prior to the date of incident marriage of the present Appellant was solemnized with the deceased Anuradha Mishra. After marriage, Appellant, as well as his relatives, used to torture the deceased on account of demand of dowry, due to which she committed suicide on 19-12-2002 and thereafter morgue was lodged consequent to which offence was registered. After completion of the trial, Trial Court acquitted the co-accused and present Appellant for the charges under Section 304- B of Penal Code, 1860 i.e. IPC however, Trial Court convicted the Appellant for the offence punishable under Section 498-A IPC and sentenced him. Aggrieved by the same, the present appeal was filed.

Counsel for the appellant submitted that Appellant has already undergone about 13 months out of total jail sentence of 03 years, he has no criminal antecedent and he is facing the lis since 2002, i.e., for about 18 years. Therefore, the jail sentence awarded to the Appellant may be reduced to the period already undergone by him.

Counsel for the respondents submitted that opposed the appeal and supported the impugned judgment.

In view of the facts and submissions the Court held that “out of total jail sentence of 03 years, the Appellant has undergone about 13 months, he is facing the lis since 2002 and there is no criminal antecedent against him, I am of the view that the ends of justice would be met if, while upholding the conviction imposed upon the Appellant, the jail sentence awarded to him is reduced to the period already undergone by him.”

 In view of the above, appeal was allowed.[Rajesh Mishra v. State Of Chhattisgarh, 2020 SCC OnLine Chh 1303, decided on 14-01-2020]


Arunima Bose, Editorial Assistant has put this story together

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