Radatya vs State of M.P.

Hon''ble Shri Justice A.K. Sharma

Appellant has filed this appeal against the judgment dated 25.4.1998 passed in S.T. No. 80/98 by learned 2nd Additional Sessions Judge, Barwani, District - West Nimar (M.P.), whereby appellant has been convicted for the offence punishable u/s 307 of the IPC and sentenced to undergo RI for 10 years and fine of Rs. 1,000/- has also been imposed upon him. The allegation against the appellant is that of burning his wife on 18.10.1997. Learned Counsel for the appellant has submitted that although wife of the appellant Rajkuvar Bai (PW-1), an independent witness Jogilal (PW-2), Girwar (PW-3) and Devi Singh (PW-4) have turned hostile and the Dying Declaration (Ex.P/8) recorded by Naib Tehsildar P.S. Solanki (PW-5) has no effect since the victim is alive. He is challenging only the sentence awarded to the appellant on the ground that appellant and victim are living together after the incidence. Rajkuvar Bai (PW-1) has not confirmed the incidence and Devi Singh (PW-4) has confirmed the fact that appellant and his wife Rajkuvar Bai are living together.

Appellant has remained in custody from 19.10.1997 to 25.4.1998 and thereafter he has remained in custody till 11.5.2000 till suspension of sentence. The total period of custody is 2 year and 6 months.

Considering the fact that appellant and victim are husband and wife and they are living together and appellant is the sole earning member of the family, the period already undergone by the appellant in custody is sufficient to meet the ends of justice. Therefore, appeal is partly allowed maintaining the conviction and fine amount. The sentence of 10 years awarded to the appellant is reduced to the period already undergone by him. The bail bonds of the appellant are discharged.