Kailash Wati vs State
2001 Latest Caselaw 940 Del

JUDGMENT

R.S. Sodhi, J.

1. Criminal Appeal No. 143/1993 is directed against the judgment and order of the learned Additional sessions Judge in SC No. 111/1998 whereby the learned Judge by his judgment and order dated 23.8.1993 has convicted the appellant under Sections 498-A/306, IPC and further by order dated 24.8.1993 sentenced the appellant to undergo rigorous imprisonment for two years with fine of Rs.,500/- under Section 498-A, IPC and in default of payment of fine to undergo further simple imprisonment for two month; under Section 306, IPC the appellant was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo further simple imprisonment for four months.

2. Leaned Counsel for the appellant, at the outset, does not challenge the judgment of conviction. However, on the question of sentence, he submits that the appellant is 80 years old and is unable to take on any further incarcerations and that since she has been on bail by the order dated 3.11.1993, she has been very sick and confined to bed. He submits that no useful purpose will be served in requiring the appellant to undergo remaining portion of sentence at this stage of life and falling health.

3. Learned Counsel for the State submits that in the facts and circumstance os this case, it would be a fit case where sentence can be reduced to that already undergone.

4. Having heard learned Counsel for the parties and in the facts and circumstances of this case, while upholding the order of conviction, I modify the order of sentence to that already undergone.

5. With this modification, Criminal Appeal No. 143/1993 stands disposed of.

Non-bailable warrants issued vide Order dated 10th May, 2001 to secure the presence of the appellant are recalled. Bail bond and surety are cancelled.

Record of the trial Court be returned forthwith.

6. Appeal disposed of.