High CourtsDivision Bench(2013) 07 MP CK 0368

Kunj Bihari Yaduvanshi vs Shivnandan

Madhya Pradesh High Court · Decided on 26 July 2013

HON’BLE JUDGES
B.D. Rathi, J · Ajit Singh, J
CASE NUMBER
Criminal R. No. 1443 of 2012

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Judgment

5 paragraphs · 271 words

B.D. Rathi, J.—Heard on admission. This revision has been preferred u/s 397 read with 401 of the Code of Criminal Procedure (hereinafter referred to as "the Code") being aggrieved with the judgment dated 6/4/2011 passed by Additional Sessions Judge, Amarwada, District Chhindwara, in Sessions Trial No. 218/2006, whereby the respondent, though convicted under Sections 498A and 306 of the Indian Penal Code ("IPC" for short), has been sentenced only u/s 306 of the IPC for 7 years rigorous imprisonment and to pay a fine of Rs. 1000/-, in default to suffer rigorous imprisonment for 1 year.

2.

It was argued on behalf of the petitioner that respondent is father-in-law of Kavita (since deceased), and along with other family members used to subject Kavita to cruelty and harassment, due to which, ultimately Kavita along with her two daughters committed suicide by jumping into a Well. Learned trial Court has passed a sentence only of seven years rigorous imprisonment, but in the facts and circumstances of the case, for such an abominable act, at least 10 years rigorous imprisonment should have been imposed.

3.

Having regard to the arguments advanced by the parties, we have gone through the impugned judgment.

4.

A blend of deterrence and reformation can be seen in Indian Jurisprudence, and, accordingly, in our considered opinion, rigorous imprisonment of seven years to the respondent, who is an old man of 59 years, is sufficient, more so in view of the fact that he had no criminal antecedents.

5.

In view of the aforesaid, no interference with the impugned judgment is called for. The revision, being devoid of merit, stands dismissed.