SC Upholds Conviction Of Man U/s. 498A IPC While Reducing Period Of Sentence As His Wife Wanted To Revive Matrimonial Life
The Supreme Court in an appeal filed by a husband against the order passed by the High Court upheld the conviction of the appellant under Section 498A of the Indian Penal Code i.e., 'Cruelty' but reduced the sentence imposed upon him after considering the fact that his wife wanted to revive matrimonial life.
The Bench of Justice Aniruddha Bose and Justice Vikram Nath ordered –
"In course of hearing today, learned counsel for the complainant-wife has submitted before us that his client would not like to contest the present appeal and she wants to join her husband i.e., the appellant and revive their matrimonial life. In this proceeding, we cannot pass any order on that count. For that purpose, the respondent-wife may take such steps as may be advised. Considering the overall circumstances, we, however, reduce the punishment of rigorous imprisonment to the period already undergone by the appellant in incarceration."
Advocate J.P. Dhanda appeared on behalf of the appellant while Advocate Gurmeet Singh Makker and Advocate Chritarth Palli represented the respondent.
The High Court in its revisional jurisdiction sustained the order of conviction of the appellant by the Trial Court and the Appellate Court being the Sessions Court. The conviction of the appellant was under section 498A of the Indian Penal Code. The Trial Court, upon finding the appellant guilty imposed a punishment of two years and a default sentence on failure to pay a fine of Rs.3,000/-. Such a judgment of conviction and order of sentence were sustained by the Appellate Court. The High Court, in its Revisional jurisdiction, did not interfere with the judgment of conviction but reduced the substantive sentence to six months.
The Apex Court in this regard noted –
"As there are concurrent findings of fact, we do not find any reason to interfere with the judgment of conviction of the appellant. There is no perversity in the judgment assailed in this appeal."
Accordingly, the Court partly allowed the appeal and modified the judgment of the Revisional Court.
Cause Title – Randeep Singh v. State of U.T. Chandigarh & Anr.