(1.) Criminal Appeal No.l43/1993 is directed against the judgment and order of the learned Additional Sessions Judge in SC No. 111 /1988 whereby the earned Judge by his judgment and order dated 23.8.1993 has convicted the appellant under Sections 498-A/306, IPC and further by order dated 24.8.1993 sentenced the appellant to undergo rigorous imprisonment for two years with fine of Rs.500/- under Section 498-A, IPC and in default of payment of fine to undergo further simple imprisonment for two months; under Section 306, IPC the appellant was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo further simple imprisonment for four months.
(2.) Learned Counsel for the appellant, at the outset, does not challenge the judgment of conviction. However, on the question of sentence, he submits that the appellant is 80 years old and is unable to take on any further incarceration and that since she has been on bail by the order dated 3.11.1993, she has been very sick and confined to bed. He submits that no useful purpose will be served in requiring the appellant to undergo remaining portion of sentence at this stage of life and falling health.
(3.) Learned Counsel for the State submits that in the facts and circumstances of this case, it would be a fit case where sentence can be reduced to that already undergone.