LAWS(APH)-1999-11-125

R SOUBHAGYAVATHI Vs. R V LAXMANA SWAMY

Decided On November 05, 1999
R.SOUBHAGYAVATHI Appellant
V/S
R.V.LAXMANA SWAMY Respondents

JUDGEMENT

(1.) The trial Court found the accused guilty of the offence punishable under Section 498-A IPC. The accused was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.3,000/-, in default, to suffer rigorous imprisonment for three months.

(2.) As against this, an appeal was preferred. In appeal, the conviction was upheld and sentence was modified, and period of imprisonment was reduced to three months; and the fine and default clauses were upheld. At that stage Criminal MPNo.193 of 1998 was filed to suspend the sentence, purporting to be under Section 398(3) Cr.PC, praying to suspend the sentence so that the revision could be preferred in the High Court. The learned Public Prosecutor endorsed, stating that such an application cannot be entertained and the Court has no power to entertain such an application. Inspite of that, the lower Court passed the following order:

(3.) The order passed cannot be sustained. The scope of suspension of sentence contemplated under Section 398(3Xi) CPC, is in respect of appeal. No appeal lies to the High Court against the judgment and sentence passed in Criminal Appeal by the Sessions Judge. Section 389(3) reads as follows: