VIJAI BAHADUR SINGH Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal has again come up for hearing after remand by Hon'ble the Supreme Court of India vide judgment and order dated 01.02.2011, whereby Hon'ble the Supreme Court has directed to hear and consider the appeal on merit including on the question as to the conviction of the appellants for the charged offences.

(2.) THE appellants namely, Vijai Bahadur Singh and Smt. Ram Lali were convicted by Session Judge, Barabanki in S.T. No.290 of 1988, decided on 05.02.1992, whereby both of them were convicted for the offence under Section 304B IPC and were sentenced to undergo rigorous imprisonment of seven years each.

(3.) FEELING aggrieved by the aforesaid judgment and order of conviction, the appellants preferred the instant criminal appeal. From the perusal of the record, it reflects that when this appeal came up for hearing on 12.03.2003, the learned counsel for the appellants stated that the occurrence had taken place as back as in the year 1988 and the appellants were not habitual offenders and as such a lenient view may be taken against them. A Single Judge of this Court, while disposing of the appeal maintained the conviction of the appellants under Section 498A IPC, but the sentence awarded to the appellants was reduced to the period already undergone and further pay a sum of Rs.5,000/ - each. The appellants were further held guilty for the offence punishable under Section 304B IPC, but the sentence awarded to them was also reduced to the period already undergone and a fine of Rs.10,000/ - each was imposed on the appellants. The state feeling dissatisfied with the aforesaid order, preferred Criminal Appeal No.474/2004 before Hon'ble the Supreme Court of India, which was allowed on 01.02.2011 and the Hon'ble Supreme Court observed that once the accused are found guilty of the offence punishable under Section 304B IPC, there is no alternative for the Court but to award sentence of at least a minimum of 7 years and/or fine. There is no discretion west with the High Court to reduce and award any sentence less than that of 7 years imprisonment. For the aforesaid reasons, the order of this Court was set aside and the matter was remitted for fresh consideration and hearing of the appeal on merits including on the question as to the conviction of the accused -appellants for the changed offences.