Smt. Savita vs State
2022 Latest Caselaw 3847 Raj

(1 of 2) [CRLA-76/1993]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 76/1993

Smt. Savita wife of Shri Kanji, by caste Adivasi, resident Borkunda, District Banswara.

----Appellant Versus State of Rajasthan.

----Respondent

For Appellant(s) : Mr. Mahenra Trivedi For Respondent(s) : Mr. Sudhir Tak, PP

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

11/03/2022

In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.

Learned counsel for the appellant has shown from the record

that it is a dispute between the husband and wife; and the alleged

incident had happened on 26.09.1987, whereupon the

complainant-Kanji reported to the police that while his brother

Lalu and his wife were sleeping, at about 4:00 am, Kanji's wife

Savita inflicted sword injuries upon him (Kanji).

Learned counsel for the appellant further submits that in his

statement, PW-1 Kanji has admitted that he had accepted a sum

of Rs.5,000/- in lieu of compromise.

This Court, taking note of the fact that the appellant is a lady

and the incident is between the husband and wife and took place

(2 of 2) [CRLA-76/1993]

long back on 26.09.1987, and thereafter, there has been some

kind of compromise between the husband and wife, is inclined to

allow the appeal to the extent of modifying the punishment from

two years nine months, to the sentence he has already

undergone.

Resultantly, the conviction, as recorded in the impugned

judgment dated 10.02.1993 passed by the learned District &

Sessions Judge, Banswara in Sessions Case No.35/89, is modified

to the extent of the period of punishment already undergone by

the appellant, instead of undergoing the punishment of two years

nine months as awarded to her by the learned court below.

With the aforesaid modification, the criminal appeal is

disposed of to the aforesaid extent. All pending applications stand

disposed of. Record of the learned court below be sent back

forthwith.

(DR.PUSHPENDRA SINGH BHATI),J

132-Zeeshan

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