Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 709 OF 2009
JHABOO MAHATO & ANR. APPELLANTS
VERSUS
THE STATE OF JHARKHAND RESPONDENT
O R D E R
1. This appeal is directed against the judgment and order
passed by the High Court of Jharkhand at Ranchi in
Criminal Appeal No.1210 of 2003, dated 27.11.2007. The
High Court, by its judgment and order, has affirmed the
judgment and order passed by the learned Sessions Judge,
in Sessions Trial No.410 of 1994, dated 08.08.03. It is
these orders which are called in question by the
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appellants before us.
2. The first appellant(A1), herein is the father-in-law
of the deceased, Jamni Devi, and the second appellant(A2)
is the husband of the deceased. By the said judgment and
order of the Sessions Judge, they are convicted and
sentenced to simple imprisonment of 10 years for the
offences punishable under Section 304-B of the Indian
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Penal Code (the “IPC” for short) and simple imprisonment
of 5 years with a fine of Rs.15,000/- each under Section 3
of the Dowry Prohibition Act, 1961(“the Act” for short)
and a simple imprisonment of 6 months under Section 4 of
the Act. In default of payment of fine, they were ordered
to undergo simple imprisonment of 3 months each. It was
further ordered that all the substantive sentences awarded
to the appellants shall run concurrently and the period of
sentence already undergone were set-off.
3. Having heard the learned counsel for both the parties,
we are of the opinion that the High Court and the Trial
Court have not committed any error which would call for
our interference. However, the learned counsel for the
appellants would submit that A1, namely, Jhaboo Mahato is
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suffering from Oral Cancer and is advised to undergo
Chemotherapy. It is also brought to our notice that the
wife of A1 is also suffering from Cancer and there is no
other person to take care of them.
4. Taking a sympathetic view to the deteriorating health
conditions of A1 and his wife, as also keeping in view the
date of the alleged incident as well as the pendency of
the appeals before various courts, we are of the
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considered opinion that the sentence awarded by the Trial
Court and as confirmed by the High Court be reduced.
5. In view of the above, we reduce the sentence of A1
from 10 years to 7 years. We are informed by the learned
counsel for the appellants that both the accused persons
are on bail. If it is so, their bail bonds are cancelled
and they are directed to surrender forthwith before the
Trial Court and serve out the remaining period of the
sentence.
Appeal disposed of in the above terms, accordingly.
.......................J.
(H.L. DATTU)
JUDGMENT
.......................J.
(CHANDRAMAULI KR. PRASAD)
NEW DELHI;
DECEMBER 06, 2012.
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