Citation : 2025 Latest Caselaw 11200 Raj
Judgement Date : 8 April, 2025
[2025:RJ-JD:18100]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 225/1995
Dhala Ram S/o Basti Ram R/o Village Kalijar, P.S. Luni,
District Jodhpur.
----Appellant
Versus
State of Rajasthan
----Respondent
For Appellant(s) : Mr. R.K. Bishnoi
For Respondent(s) : Mr. H.S. Jodha, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
08/04/2025
The present criminal appeal has been filed by the
appellant challenging the judgment dated 17.05.1995 passed
by learned Sessions Judge, District Jodhpur (hereinafter
referred to as 'the trial court') in Sessions Case No.95/1994 by
which the trial court convicted and sentenced the appellant as
under :
Offence U/s 498-A IPC : One year's R.I. and fine of
Rs.1,000/- and in default of payment of fine, to further
undergo three months' S.I.
Offence U/s 306 IPC : Five years' R.I. and fine of Rs.5,000/-
and in default of payment of fine, to further undergo six
months' S.I.
Both the sentences were ordered to run concurrently.
Brief facts of the case are that on 21.04.1994, Police
recorded the statement of deceased Kamla at Military Hospital,
(Downloaded on 09/04/2025 at 09:48:41 PM)
[2025:RJ-JD:18100] (2 of 19) [CRLA-225/1995]
Jodhpur. In her statement, deceased-Kamla disclosedthat she
has been married to the accused for about seven years. She
revealed that she had burned herself using kerosene at about
7 AM citing her husband's persistent physical abuse,
harassment related to dowry and threats regarding his
potential re-marriage to another women as the motivating
factors behind her tragic decision. On this report, Police
registered the FIR and started investigation. On completion of
investigation, challan was filed against the appellant for
offences under Sections 498-A, & 34 IPC.
Thereafter, charges were framed by the learned trial
court against the appellant under Sections 306 IPC & 498-A
IPC, who pleaded not guilty and claimed trial.
During the course of trial, the prosecution examined as
many as 14 witnesses in support of its case and exhibited
certain documents. Thereafter, statement of the accused-
appellant under section 313 Cr.P.C was recorded.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 17.05.1995 convicted and
sentenced the accused-appellant for aforesaid offences.
At the threshold, learned counsel for the accused-
appellant submits that no offence under Sections 306 & 498-A
IPC is made out against the appellant. He submits that the
deceased provided a statement before the Police on
21.04.1994 at about 3 PM in which she indicated that her
husband frequently subjected her to physical abuse and
harassed her for dowry, ultimately threatening to marry
another woman. As a result, resorted to pouring kerosene on
(Downloaded on 09/04/2025 at 09:48:41 PM)
[2025:RJ-JD:18100] (3 of 19) [CRLA-225/1995]
herself and igniting it. Subsequently, her mother-in-law and
other family members urgently took the deceased to hospital.
Counsel asserts that the Police failed to obtain a medical
certificate from the doctor indicating whether the deceased
was fit condition to provide a statement. He emphasizes that a
postmortem examination of the deceased was conducted on
22.04.1994 and since her death occurred within 24 hours
preceding the postmortem, it is likely that she was not in a
competent state to give such a statement to the Police on
21.04.1994, at 3 AM. Furthermore, counsel points out that an
examination of the deceased Kamla's statement reveals no
accusations against the appellant concering abetment to
commit suicide. He further noted that according to the
testimony of PW.14 - Laxmi Narayan, investigating officer in
this case, there is a clear assertion that he did not record any
statement from the deceased. Moreover, remains unclear who,
if not the investigating officer, record the statement of the
deceased. Counsel continues to assert that no offence under
Section 498-A IPC is substantiate against the appellant as the
specifics any demand made by the appellant to the deceased
are absent. Counsel lastly submits that the occurrence relates
back to year 1994 and the appellant has so far suffered about
1 month & 10 days of sentence, out of total sentence of five
years' R.I. In such circumstances, it is prayed that the
sentence awarded to the accused-appellant for the offences
under Sections 498-A and 306 IPC may be reduced to the
period already undergone by him.
(Downloaded on 09/04/2025 at 09:48:41 PM)
[2025:RJ-JD:18100] (4 of 19) [CRLA-225/1995]
On the other hand, the learned Public Prosecutor
opposed the submissions made by the learned counsel for the
accused-appellant. The learned PP submitted that there is
neither any occasion to interfere with the sentence awarded to
the accused appellant nor any compassion or sympathy is
called for in the said case.
I have carefully deliberated upon the arguments
presented by the counsel for the appellant, as well as those
put forth by the learned Public Prosecutor, in conjunction with
the evidence available in the record.
From the perusal of documents on record, the omnibus
allegation against the present petitioner is that he harassed
and tortured the deceased Kamla, due to which he committed
suicide. At this stage, it is relevant to refer Section 306 IPC
reads as under:--
"306. Abetment of suicide.--If any person commits
suicide, whoever abets the commission of such suicide,
shall be punished with imprisonment of either
description for a term which may extend to ten years,
and shall also be liable to fine."
For commission of offence punishable under Section 306
IPC, abetment is the necessary thing, which has been defined
in Section 107 IPC. Section 107 IPC, reads as under:--
"107. Abetment of a thing.--A person abets the
doing of a thing, who- (First)- Instigates any person to
do that thing; or
(Secondly)-Engages with one or more other person or
persons in any conspiracy for the doing of that thing, if
an act or illegal omission takes place in pursuance of
(Downloaded on 09/04/2025 at 09:48:41 PM)
[2025:RJ-JD:18100] (5 of 19) [CRLA-225/1995]
that conspiracy, and in order to the doing of that thing;
or
(Thirdly)- Intentionally aids, by any act or illegal
omission, the doing of that thing.
Explanation 1.--A person who, by wilful
misrepresentation, or by wilful concealment of a
material fact which he is bound to disclose, voluntarily
causes or procures, or attempts to cause or procure, a
thing to be done, is said to instigate the doing of that
thing.
Explanation 2.--Whoever, either prior to or at the time
of the commission of an act, does anything in order to
facilitate the commission of that act, and thereby
facilitates the commission thereof, is said to aid the
doing of that act."
When Section 306 IPC is read with Section 107 IPC, it is
clear that there must be: (i) direct or indirect instigation; (ii)
in close proximity to the commission of suicide; along with (iii)
clear mens rea to abet the commission of suicide.
The core element of Section 306 of IPC is the intentional
abetment of suicide. Thus, conviction for the offence under
section 306 IPC, the learned court below is to consider
whether the abettor intentionally instigated or aided the
commission of the suicide. Mere allegations of harassment or
strained relationships do not suffice to establish abetment. In
case of Rohini Sudarshan Gangurde v. State of
Maharashtra and Anr. reported in 2024 SCC OnLine SC
1701, the Hon'ble Supreme Court has observed as under:
"8. Reading these sections together would indicate that
there must be either an instigation, or an engagement
(Downloaded on 09/04/2025 at 09:48:41 PM)
[2025:RJ-JD:18100] (6 of 19) [CRLA-225/1995]
or intentional aid to 'doing of a thing'. When we apply
these three criteria to Section 306, it means that the
accused must have encouraged the person to commit
suicide or engaged in conspiracy with others to
encourage the person to commit suicide or acted (or
failed to act) intentionally to aid the person to commit
suicide.
...
13. After carefully considering the facts and evidence recorded by the courts below and the legal position established through statutory and judicial pronouncements, we are of the view that there is no proximate link between the marital dispute in the marriage of deceased with appellant and the commission of suicide. The prosecution has failed to collect any evidence to substantiate the allegations against the appellant. The appellant has not played any active role or any positive or direct act to instigate or aid the deceased in committing suicide. Neither the statement of the complainant nor that of the colleagues of the deceased as recorded by the Investigating Officer during investigation suggest any kind of instigation by the appellant to abet the commission of suicide. There is no allegation against the appellant of suggesting the deceased to commit suicide at any time prior to the commission of suicide by her husband."
A plethora of Apex Court decisions have crystallized the
law of abetment. Abetment involves the mental process of
instigating or intentionally aiding another person to do a
particular thing. To bring a charge under Section 306 of the
IPC, the act of abetment would require the positive act of
instigation or intentionally aiding. Such instigation or
[2025:RJ-JD:18100] (7 of 19) [CRLA-225/1995]
incitement should reveal a clear mens rea to abet the
commission of suicide and should put the victim in such a
position he/ she would have no other option but to commit
suicide.
The legal position as regards Sections 306 IPC which is
long settled was reiterated by the Hon'ble Apex Court in the
case of Randhir Singh v. State of Punjab reported in 1
(2004) 13 SCC 129 as follows in paras 12 and 13:
"12. Abetment involves a mental process of instigating a person or intentionally aiding that person in doing a thing. In cases of conspiracy also it would involve that mental process of entering into conspiracy for the doing of that thing. More active role which can be described as instigating or aiding the doing of a thing is required before a person can be said to be abetting the commission of offence under Section 306 IPC.
13. In State of W.B. v. Orilal Jaiswal this Court has observed that the courts should be extremely careful in assessing the facts and circumstances of each case and the evidence adduced in the trial for the purpose of finding whether the cruelty meted out to the victim had in fact induced her to end the life by committing suicide. If it transpires to the court that a victim committing suicide was hypersensitive to ordinary petulance, discord and differences in domestic life quite common to the society to which the victim belonged and such petulance, discord and differences were not expected to induce a similarly circumstanced individual in a given society to commit suicide, the conscience of the court should not be satisfied for basing a finding that the accused charged of abetting the offence of suicide should be found guilty."
[2025:RJ-JD:18100] (8 of 19) [CRLA-225/1995]
Further in the case of Kishori Lal v. State of M.P.,
Reported in 2 (2007) 10 SCC 797, the Hon'ble Supreme
Court gave a clear exposition of Section 107 IPC when it
observed as follows in para 6:
"6. Section 107 IPC defines abetment of a thing. The offence of abetment is a separate and distinct offence provided in IPC. A person, abets the doing of a thing when (1) he instigates any person to do that thing; or (2) engages with one or more other persons in any conspiracy for the doing of that thing; or (3) intentionally aids, by act or illegal omission, the doing of that thing. These things are essential to complete abetment as a crime. The word "instigate" literally means to provoke, incite, urge on or bring about by persuasion to do any thing. The abetment may be by instigation, conspiracy or intentional aid, as provided in the three clauses of Section 107. Section 109 provides that if the act abetted is committed in consequence of abetment and there is no provision for the punishment of such abetment, then the offender is to be punished with the punishment provided for the original offence. "Abetted" in Section 109 means the specific offence abetted. Therefore, the offence for the abetment of which a person is charged with the abetment is normally linked with the proved offence."
In the case of Amalendu Pal @ Jhantu vs. State of
West Bengal Reported in 2009 7 Supreme 289, the Hon'ble
Supreme Court observed that:-
"15. Thus, this Court has consistently taken the view that before holding an accused guilty of an offence under Section 306 IPC, the Court must scrupulously examine the facts and circumstances of the case and also assess the evidence adduced before it in order to find out whether the cruelty and harassment meted out to the victim had
[2025:RJ-JD:18100] (9 of 19) [CRLA-225/1995]
left the victim with no other alternative but to put an end to her life. It is also to be borne in mind that in cases of alleged abetment of suicide there must be proof of direct or indirect acts of incitement to the commission of suicide. Merely on the allegation of harassment without their being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide, conviction in terms of Section 306 IPC is not sustainable.
16. In order to bring a case within the purview of Section 306 of IPC there must be a case of suicide and in the commission of the said offence, the person who is said to have abetted the commission of suicide must have played an active role by an act of instigation or by doing certain act to facilitate the commission of suicide. Therefore, the act of abetment by the person charged with the said offence must be proved and established by the prosecution before he could be convicted under Section 306 IPC.
17. The expression 'abetment' has been defined under Section 107 IPC which we have already extracted above. A person is said to abet the commission of suicide when a person instigates any person to do that thing as stated in clause firstly or to do anything as stated in clauses secondly or thirdly of Section 107 IPC. Section 109 IPC provides that if the act abetted is committed pursuant to and in consequence of abetment then the offender is to be punished with the punishment provided for the original offence.
18. Learned counsel for the respondent-State, however, clearly stated before us that it would be a case where clause thirdly' of Section 107 IPC only would be attracted. According to him, a case of abetment of suicide is made out as provided for under Section 107 IPC."
[2025:RJ-JD:18100] (10 of 19) [CRLA-225/1995]
The scope and ambit of Section 107 of IPC and its co-
relation with Section 306 of IPC has been discussed repeatedly
by the Hon'ble Supreme Court and Co-ordinate Bench of
different High Courts. In the case of S.S. Chheena v. Vijay
Kumar Mahajan and another Reported in (2010) 12 SCC
190, the Hon'ble Supreme Court observed as under:-
"25. Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. The intention of the legislature and the ratio of the cases decided by this Court is clear that in order to convict a person under Section 306 IPC there has to be a clear mens rea to commit the offence. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that he committed suicide."
The Hon'ble Apex Court in the case of Mariano Anto
Bruno and Ors. vs. The Inspector of Police Reported in
AIR 2022 SC 4994 observed as under :-
"This Court has time and again reiterated that before convicting an Accused Under Section 306 Indian Penal Code, the Court must scrupulously examine the facts and circumstances of the case and also assess the evidence adduced before it in order to find out whether cruelty and harassment meted out to the victim had left the victim with no other alternative but to put an end to her life. It is also to be borne in mind that in cases of alleged abetment of suicide, there must be proof of direct or indirect acts of incitement to the commission of suicide. Merely on the allegation of harassment without their being any positive action proximate to the time of
[2025:RJ-JD:18100] (11 of 19) [CRLA-225/1995]
occurrence on the part of the Accused which led or compelled the person to commit suicide, conviction in terms of Section 306 Indian Penal Code is not sustainable."
The Hon'ble Apex Court in another case of Mohit
Singhal Vs. State of Uttarakhand (Criminal Appeal No.
3578/2023) dated 01.12.2023 has observed as under :-
"9. In the facts of the case, secondly and thirdly in Section 107, will have no application. Hence, the question is whether the appellants instigated the deceased to commit suicide. To attract the first clause, there must be instigation in some form on the part of the accused to cause the deceased to commit suicide. Hence, the accused must have mens rea to instigate the deceased to commit suicide. The act of instigation must be of such intensity that it is intended to push the deceased to such a position under which he or she has no choice but to commit suicide. Such instigation must be in close proximity to the act of committing suicide."
Recently, in the case of Prakash and Others v. The
State of Maharashtra and Another reported in 2024 INSC
1020 The Hon'ble Supreme Court has observed as under:-
"13. Section 306 of the IPC has two basic ingredients- first, an act of suicide by one person and second, the abetment to the said act by another person(s). In order to sustain a charge under Section 306 of the IPC, it must necessarily be proved that the accused person has contributed to the suicide by the deceased by some direct or indirect act. To prove such contribution or involvement, one of the three conditions outlined in Section 107 of the IPC has to be satisfied.
14. Section 306 read with Section 107 of IPC, has been interpreted, time and again, and its principles are well established. To attract the offence of abetment to
[2025:RJ-JD:18100] (12 of 19) [CRLA-225/1995]
suicide, it is important to establish proof of direct or indirect acts of instigation or incitement of suicide by the accused, which must be in close proximity to the commission of suicide by the deceased. Such instigation or incitement should reveal a clear mens rea to abet the commission of suicide and should put the victim in such a position that he/she would have no other option but to commit suicide.
...
20. It could thus be seen that this Court observed that instigation is to goad, urge forward, provoke, incite or encourage to do "an act". It has been held that in order to satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive of the consequence, however, a reasonable certainty to incite the consequence must be capable of being spelt out. Applying the law to the facts of the case, this Court went on to hold that a word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation.
...
22. It could thus be seen that this Court observed that in cases of alleged abetment of suicide, there must be a proof of direct or indirect act(s) of incitement to the commission of suicide. It has been held that since the cause of suicide particularly in the context of the offence of abetment of suicide involves multifaceted and complex attributes of human behaviour, the court would be looking for cogent and convincing proof of the act(s) of incitement to the commission of suicide. This Court further observed that a mere allegation of harassment of the deceased by another person would not suffice unless there is such action on the part of the accused which compels the person to commit suicide. This Court
[2025:RJ-JD:18100] (13 of 19) [CRLA-225/1995]
also emphasised that such an offending action ought to be proximate to the time of occurrence. It was further clarified that the question of mens rea on the part of the accused in such cases would be examined with reference to the actual acts and deeds of the accused. It was further held that if the acts and deeds are only of such nature where the accused intended nothing more than harassment or a snap-show of anger, a particular case may fall short of the offence of abetment of suicide, however, if the accused kept on irritating or annoying the deceased by words or deeds until the deceased reacted or was provoked, a particular case may be that of abetment of suicide. This Court held that owing to the fact that the human mind could be affected and could react in myriad ways and that similar actions are dealt with differently by different persons, each case is required to be dealt with its own facts and circumstances.
...
26. Thus, this Court has consistently taken the view that instigation or incitement on the part of the accused person is the gravamen of the offence of abetment to suicide. However, it has been clarified on many occasions that in order to link the act of instigation to the act of suicide, the two occurrences must be in close proximity to each other so as to form a nexus or a chain, with the act of suicide by the deceased being a direct result of the act of instigation by the accused person.
27. This Court in the case of Mohit Singhal (supra) reiterated that the act of instigation must be of such intensity and in such close proximity that it intends to push the deceased to such a position under which the person has no choice but to commit suicide. This Court held that the incident which had allegedly driven the deceased to commit suicide had occurred two weeks
[2025:RJ-JD:18100] (14 of 19) [CRLA-225/1995]
prior and even the suicide note had been written three days prior to the date on which the deceased committed suicide and further, there was no allegation that any act had been done by the accused-appellant therein in close proximity to the date of suicide. This Court observed as follows:
"11.In the present case, taking the complaint of the third respondent and the contents of the suicide note as correct, it is impossible to conclude that the appellants instigated the deceased to commit suicide by demanding the payment of the amount borrowed by the third respondent from her husband by using abusive language and by assaulting him by a belt for that purpose. The said incident allegedly happened more than two weeks before the date of suicide. There is no allegation that any act was done by the appellants in close proximity to the date of suicide. By no stretch of imagination, the alleged acts of the appellants can amount to instigation to commit suicide. The deceased has blamed the third respondent for landing in trouble due to her bad habits.
12. Therefore, in our considered view, the offence punishable under Section 306IPC was not made out against the appellants. Therefore, the continuation of their prosecution will be nothing but an abuse of the process of law."
(emphasis supplied)
28. This Court in the case of Naresh Kumar v. State of Haryana, observed as follows:-
"20. This Court in Mariano Anto Bruno v. State [Mariano Anto Bruno v. State, (2023) 15 SCC 560 : 2022 SCC OnLine SC 1387] , after referring to the abovereferred decisions rendered in context of culpability under Section 306IPC observed as under : (SCC para 45) "45. ... It is also to be borne in mind that in cases of alleged abetment of suicide, there must be proof of direct or indirect acts of incitement to the commission of
[2025:RJ-JD:18100] (15 of 19) [CRLA-225/1995]
suicide. Merely on the allegation of harassment without there being any positive action proximate to the time of occurrence on the part of the accused which led or compelled the person to commit suicide, conviction in terms of Section 306IPC is not sustainable."
Recently, in the case Lamxi Das vs The State of West
Bengal & Ors. Reported in 2025 INSC 86 the Hon'ble Apex
Court has observed that:-
"14. It is discerned from the record that the Appellant along with her family did not attempt to put any pressure on the deceased to end the relationship between her and Babu Das. In fact, it was the deceased's family that was unhappy with the relationship. Even if the Appellant expressed her disapproval towards the marriage of Babu Das and the deceased, it does not rise to the level of direct or indirect instigation of abetting suicide. Further, a remark such as asking the deceased to not be alive if she cannot live without marrying her lover will also not gain the status of abetment. There needs to be a positive act that creates an environment where the deceased is pushed to an edge in order to sustain the charge of Section 306 IPC."
Upon careful examination of the statement provided by
the deceased, Smt. Kamla (Ex.P-11), it is evident that there is
a lack of substantial evidence linking the appellant to any
actions of abetting her in the act of suicide. The assertion that
Kamla resorted to such a tragic decision without viable
alternatives is not a presumption that can be readily accepted.
In evaluating the circumstances leading to her untimely
death, it is crucial to acknowledge that individuals often
experience a myriad of emotional and psychological factors
[2025:RJ-JD:18100] (16 of 19) [CRLA-225/1995]
that influence their decision-making. The absence of clear
evidence demonstrating direct instigation or encouragement
from the appellant significantly weakens the case for
abetment. Additionally, it is imperative to recognize that
suicide is a complex act, often arising from overwhelming
despair rather than solely as a consequence of external
pressures exerted by other individuals.
Furthermore, attributing Kamla's suicide solely to the
appellant overlooks the potential for other underlying issues
that may have contributed to her mental state, such as
personal troubles, social isolation, or lack of support from
other sources. Such factors are critical to understanding her
circumstances and recognizing that she may have perceived
alternatives to suicide, despite the difficulties she faced.
Therefore, without compelling evidence that the appellant
actively encouraged or facilitated Smt. Kamla's suicide, and
considering the multifaceted nature of suicidal behavior, it is
unjust to conclude that her death was an inevitable result of
his actions or that she had no alternatives available to her.
Thus, the claim of abetment remains unsubstantiated and
warrants thorough reconsideration.
Finally, the burden of proof in criminal cases rests on
establishing guilt beyond reasonable doubt. Given the
complexities of human behavior, mental health issues, and the
subjective experiences of all involved, it can be argued that
the prosecution has not met this high standard. Therefore, it
would be prudent to entertain the possibility of reasonable
doubt regarding Dhala Ram's culpability under Section 306 of
[2025:RJ-JD:18100] (17 of 19) [CRLA-225/1995]
the Indian Penal Code.The prosecution witnesses Narayan
Singh (PW.1), Omprakash (PW.2), Jyotiprakash (PW.3), Rukma
(PW.4), Bhanwari (PW.5), Parmeshwari (PW.6) and Mangla
Ram (PW.13) declared hostile and did not support the story of
prosecution.
Upon a perusal of several aforementioned judicial
pronouncements, we find ourselves unable to agree with the
trial Court. Even if all evidence on record, including the
chargesheet and the witness statements, are taken to be
correct, there is not an iota of evidence against the appellant.
There is no allegation against the petitioner of a nature that
the deceased was left with no alternative but to commit the
unfortunate act of committing suicide. The prosecution must
show that the accused had a motive to abet the suicide. If no
plausible motive is established, and the relationship between
the accused and the deceased does not suggest any ill-willed
intent, the conviction could be set aside. If there is no proof of
any active role played by the accused in the events leading up
to the suicide, such as abusive behaviour or threats, the Court
may set aside the conviction. Simple negligence or even an
argument that does not directly lead to the suicide would not
be sufficient to prove abetment.
In these circumstances, offence under Section 306 IPC is
not made out against the accused-appellant and he is hereby
acquitted from the offence under Section 306 IPC. So far as
offence under Section 498-A IPC is concerned, the testimonies
of the deceased Smt. Kamla, PW.8 - Jamna (mother of the
deceased), PW.10 - Ghewar Ram (brother of the deceased),
[2025:RJ-JD:18100] (18 of 19) [CRLA-225/1995]
and PW.12 - Chainaram (father of the deceased)
unequivocally state that the accused-appellant subjected the
deceased to physical abuse and harassment in connection with
dowry demands. Consequently, the offence under Section 498-
A IPC is clearly established against the accused-appellant.
It is not disputed that the occurrence has taken place in
the year 1994 and the accused-appellant has suffered about 1
month & 10 days sentence, out of total sentence of five years'
R.I. and so also suffered the agony and trauma of protracted
trial. Thus, looking to the over-all circumstances and the fact
that the accused-appellant has remained behind the bars for
considerable time, it will be just and proper if the sentence
awarded by the trial court for offences under Sections 498-A
IPC is reduced to the period already undergone by him.
Accordingly, the criminal appeal is partly allowed. While
maintaining the appellant's conviction for offence under
Section 498-A IPC, the sentence awarded to him for aforesaid
offence is hereby reduced to the period already undergone.
The fine of Rs.1,000/- imposed by the trial court for offence
under Section 498-A IPC is hereby maintained. Two months'
time is granted to deposit the fine amount before the trial
Court. In default of payment of fine, the appellant shall
undergo one month's S.I. The appellant is on bail. He need not
to surrender. His bail bonds stand discharged.
The record of the trial Court be sent back forthwith.
(MANOJ KUMAR GARG),J 74-Rashi/-
[2025:RJ-JD:18100] (19 of 19) [CRLA-225/1995]
Powered by TCPDF (www.tcpdf.org)
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!