JAGSIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 14.12.1990 passed by the Sessions Judge, Sirsa, convicting the accused- appellants under Sections 498-A and 306 IPC and sentencing them to undergo RI for five years and to pay to a fine of Rs. 2,000/- each and in default of payment of fine to undergo further RI for two years under Section 306 IPC and sentencing them to undergo RI for two years and to pay a fine of Rs. 500/- each and in default of payment of fine to undergo further RI for six months under Section 498-A IPC and further directing the substantive sentences to run concurrently.

(2.) THE learned counsel appearing for the accused-appellants at the outset submitted before me that he is not challenging the conviction of the accused-appellants for the offences under Sections 306 and 498-A IPC and shall argue only on the question of sentence.

(3.) AFTER hearing the learned counsel for the parties and perusing the record, in my opinion, it is a fit case where the sentence awarded to the accused- appellants may be reduced to the period already undergone by them. As referred to above, the occurrence had taken place on 9.12.1989 and the accused-appellants were arrested in this case on 15.12.1989. They remained in custody throughout during trial and after conviction they were released on bail by this Court vide order dated 23.1.1991, during the pendency of the present appeal. In this manner, the accused-appellants have already undergone more than one year and one month of actual sentence. In 2002 SCC (Crl.) 1765 (supra), after upholding the conviction of the accused appellants for the offences under Sections 306/498-A IPC, the Hon'ble Supreme Court had reduced the sentence awarded to the husband of the deceased and mother-in-law of the deceased to the period already undergone by them after noticing that both the accused-appellants suffered imprisonment for about two months and that the occurrence took place on 9.3.1988 and both the appellants were on bail and it may not be appropriate to send them to jail again. In view of the above, the substantive sentence awarded to the accused- appellants is reduced to the period already undergone by them. Except the modification on the question of sentence, the present appeal fails and the same is hereby dismissed. Appeal dismissed.