Nonia Devi vs The State Of Jharkhand
2024 Latest Caselaw 10623 Jhar

Jharkhand High Court

Nonia Devi vs The State Of Jharkhand on 25 November, 2024

Author: Ananda Sen

Bench: Ananda Sen

                            Criminal Appeal (D.B.) No. 590 of 2002
               Nonia Devi, W/o Late Tuleshwar Mahto @ Bariyat Mahto, R/o Village
               Rikwa, PS Giddi, District Hazaribagh
                                               ...               ...     Appellant
                                                -Versus-
               The State of Jharkhand          ...               ...     Respondent

                  (Arising out of Judgment of Conviction and Order of Sentence both
                     dated 26.08.2002 passed by the 5th Additional Sessions Judge,
                            Hazaribagh in Sessions Trial No. 547 of 1996)
                                               ----
               For the Appellant : Mr. K.S. Nanda, Advocates
               For the Respondent : Mrs. Vandana Bharti, A.P.P.
                                               ----

               PRESENT:            SRI ANANDA SEN, J.
                             SRI GAUTAM KUMAR CHOUDHARY, J.
                                          ----

                                       JUDGMENT

Dated : 25.11.2024

By Court:

Heard learned counsel for the appellant and learned Addl. P.P. appearing for the State.

1. Learned counsel for the appellant submits that he is only confining this appeal only to the sentence which has been awarded after convicting the appellant under Section 304B of the Indian Penal Code. He submits that he is not assailing the conviction under Section 304B of Indian Penal Code.

2. Considering the submission, we have gone through the judgment. We find that this appellant is a lady who was convicted for committing offence under Section 304B of the Indian Penal Code and was sentenced to undergo imprisonment for life and Rs.5000/- as fine.

3. As per Section 304B of Indian Penal Code, the minimum sentence is of seven years which can extend up-to life. The appellant is a lady who had aged about 45 years at the time of judgment. The judgment was pronounced on 26.08.2002. Thus, now this appellant will be aged about 67 years. Further, we find that she has already remained in custody for more than seven years.

4. Considering the facts that the appellant is a lady and is now nearly 70 years of age and has already remained in custody for more than seven years, we modify the sentence of the appellant. Thus, the sentence imposed upon the appellant

vide order dated 26.08.2002 is modified to the period of seven years for committing offence punishable under section 304B of the Indian Penal Code.

5. With the aforesaid modification in the sentence only, this appeal stands dismissed.

Pending I.A., if any, stands disposed of. Let the Trial Court Records be sent back to the Court concerned forthwith along with a copy of this judgment.

(Ananda Sen, J.)

(Gautam Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, the 25th November, 2024 AKT/Satendra