Madan Lal and ors. vs U.T.Chandigarh

R.S. Mongia, J.

The petitioners Madan Lal and Munshi Ram, husband and fatherinlaw, respectively, of Mst. Geeta Devi, have been convicted under Sections 494 and 494/109, Indian Penal Code respectively and have been sentenced to undergo Rigorous Imprisonment for 6 months and a fine of Rs. 100/ each. Vide order dated 30th May, 1990, this Court had issued notice regarding sentence only.

I have heard the counsel for the parties on the question of sentence. It is a case of broken marriage and as per the findings of the Courts below the husband has remarried during the subsistence of the first marriage for which he has been convicted. Out of the wedlock, two children were born who are now aged about 10 years and 12 years respectively. It is stated at the bar that Madan Lal petitioner has already undergone two months of sentence, whereas Munshi Ram petitioner has undergone one month. I am of the view that ends of justice will be amply met in the present case if the sentence of imprisonment is reduced to that of already undergone, with an increase in the fine, which is raised to Rs. 2000/ in the case of Madan Lal and Rs. 1500/ in the case of Munshi Ram. Let the fine be deposited with the Registrar of this Court in cash or by a Bank draft in the amount of Rs. 3500/ in the name of Smt. Geeta Devi. The fine, if deposited, would be paid to the complainant Smt. Geeta Devi for her benefit and the benefit of the minor children. Let the Registrar send for the complainant Mat. Geeta Devi who resides at House No. 2507, Section 24C Chandigarh, for disbursement of the money, if deposited by the petitioners. The petitioners are in jail and on their depositing the amount of fine, release orders be issued immediately. In case the petitioners fail to deposit the fine, the sentence already awarded shall stand.

JUDGMENT accordingly.