Dukhan Sahu vs The State Of Jharkhand
2023 Latest Caselaw 3344 Jhar

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         IN THE HIGH COURT OF JHARKHAND AT RANCHI

                          Cr. Appeal (S.J) No. 1225 of 2004
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(Against the judgment of conviction dated 16.07.2004 and order of sentence dated 19.07.2004 passed by learned Additional Judicial Commissioner-V, Ranchi, corresponding to S.T. No.528 of 2003.)

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         Dukhan Sahu                        .....      .... Appellant
                                    Versus
         The State of Jharkhand.            .....      .... Respondent

         CORAM       : HON'BLE MR. JUSTICE DEEPAK ROSHAN
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         For the Appellant           :Mrs. J. Mazumdar, Adv.
         For the Respondent-State    :Mr. Tarun Kumar, A.P.P
         For the Informant           : Mr. Satish Kr. Keshri, Adv.
                                   .........

15/04.09.2023       Heard learned counsel for the parties.

2. The instant criminal appeal has been preferred against the judgment of conviction dated 16.07.2004 and order of sentence dated 19.07.2004 passed by learned Additional Judicial Commissioner-V, Ranchi, corresponding to S.T. No.528 of 2003, whereby the appellant has been convicted for the offence under Sections 307, 498A and 323 IPC and sentenced to undergo R.I. for a period of Seven years u/S 307 IPC, R.I. for a period of Two years under Section 498A of the IPC and further sentenced to undergo R.I. for three months u/S 323 IPC. However, all the sentences were directed to run concurrently.

3. At the outset, learned counsel for the appellant submits that the dispute between the parties has been settled at DALSA, Ranchi and compromise has been arrived at between them. It was signed on 17.12.2022; thereby both the parties have settled their dispute amicably and the appellant has agreed to pay Rs.4,50,000/- in three installments to the informant-wife. Further, the appellant and the informant have also agreed to file a petition u/S 13(b) of the Hindu Marriage Act, for dissolution of marriage before the learned Family Court, Ranchi.

4. Learned counsel for the appellant as well as learned counsel for the informant both submit that the amount of Rs.4,50,000/- has been received by the informant-wife and both have already filed a petition under Section 13(b) of the Hindu

Marriage Act. Accordingly, the sentence passed by the learned trial court may be modified for the period already undergone.

5. Having regard to the facts and circumstances of the case, I am of the considered view that without interfering with the judgment of conviction, the sentence ought to be modified to the extent that the appellant shall be released for the period already undergone.

As a result, the sentence as ordered by the learned trial court is hereby modified to the extent that the appellant is sentenced for the period already undergone.

6. With the aforesaid observations, directions and modification in sentence only, the instant criminal appeal stands disposed of.

7. The appellants shall be discharged from the liability of his bail bonds.

8. Let a copy of this order be communicated to the trial court and the appellant through the O/I of the concerned Police Station and the LCR be sent back to the court concerned forthwith.

(Deepak Roshan, J.) Fahim/-