AJAY KOHLI Vs. UT CHANDIGARH

JUDGEMENT

(1.) Background and Conviction: In Sessions Case No.14 of 2005, arising out of FIR No.211 dtd. 1/6/2005 registered at Police Station Sector 39, Chandigarh, appellant Ajay Kohli and his mother, Smt. Swaran Kohli, were tried for offences under Ss. 306 and 498A IPC. Vide judgment dtd. 10/11/2008, the learned Additional Sessions Judge, Chandigarh acquitted Smt. Swaran Kohli, but convicted Ajay Kohli under both the Ss. . By a separate order dtd. 12/11/2008, appellant Ajay Kohli was sentenced to rigorous imprisonment for three years under Sec. 306 IPC and directed to pay Rs.3.5 lakhs as compensation under Sec. 357(3) CrPC. Additionally, he was sentenced to two years' rigorous imprisonment and a fine of Rs.2,500.00 under Sec. 498A IPC, with a default sentence of one month. Both sentences were ordered to run concurrently.

(2.) Ajay Kohli filed CRA-S-2271-SB-2008 challenging his conviction and sentence. Meanwhile, the complainant, Jagannath (father of the deceased) filed CRR-1136-2010 challenging the acquittal of Smt. Swaran Kohli and seeking enhancement of Ajay Kohli's sentence. The Union Territory, Chandigarh also filed CRM-A-460-MA-2010 for the same purpose. However, during the pendency of these proceedings, Smt. Swaran Kohli passed away. Accordingly, CRM-A-460-MA-2010 was disposed of as infructuous vide order dtd. 4/4/2025.

(3.) Subsequently, the State counsel made an oral request seeking modification of this order, contending that the appeal also sought enhancement of Ajay Kohli's sentence. This request is accepted. The order dtd. 4/4/2025 stands modified to clarify that CRM-A-460-MA-2010 is infructuous only with respect to Smt. Swaran Kohli, and shall continue as regards to sentence enhancement of Ajay Kohli.