Substantive sentences under Sections 304 Part II and 498A modified to period already undergone.

The appellant was convicted by the Additional Sessions Judge, Nimapara, under Sections 498-A and 304 Part-II of the IPC and sentenced to ten years’ rigorous imprisonment under Section 304 Part-II, with a concurrent sentence of one year’s rigorous imprisonment and a fine of ₹1,000 under Section 498-A

The trial court had acquitted him of the charge under Section 302 IPC

In the appeal, the appellant expressly declined to challenge his convictions and confined his challenge to sentence.

He submitted that he had served 7 years, 11 months and 21 days in custody, had no criminal antecedents, and had been released on bail

The appeal had been admitted after the delay in filing was condoned

Whether, given the appellant’s stated circumstances and period of incarceration, the substantive sentences should be reduced to the period already undergone

Whether the convictions under Sections 498-A and 304 Part-II IPC should remain undisturbed when the appeal was confined to sentence

The appeal arose under Section 374(2) of the Code of Criminal Procedure

The convictions were under Sections 498-A and 304 Part-II of the IPC; the judgment identifies the offences but does not set out or apply a separate substantive test for either provision, as the appellant did not challenge the convictions

On sentence, the Court considered the period already served, the appellant’s age, absence of criminal antecedents, and the passage of time since the occurrence as relevant circumstances

No appellate sentencing precedent was cited.

Because the appellant expressly limited the appeal to sentence, the Court confined its consideration accordingly

It noted that he had served 7 years, 11 months and 21 days of the ten-year sentence, excluding earned remission, and considered his age, lack of criminal antecedents, and the passage of time since the occurrence

On those circumstances, it concluded that the substantive sentences should be reduced to the period already undergone, while leaving the convictions and fine undisturbed

The convictions under Sections 498-A and 304 Part-II IPC were maintained, but the substantive sentences were modified to the period already undergone, excluding earned remission, if any.

The fine remained unaltered