Mohan v. State
Case brief
What is this about?
The High Court affirmed the conviction of the appellant but, on leniency, reduced substantive sentences to the period already undergone. The fine and compensation remain intact. The appeal is disposed of.
What did the court decide?
Substantive sentences for Sections 308 and 506 IPC reduced to time already undergone. Fine and compensation remain intact.
What the court decided
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
- CRL.A. 1099/2015 & Crl.M.B.1488/2016 MOHAN ..... Appellant Through : Mr. S. K. Sethi and Ms. Dolly Sharma, Advs. Appellant produced from JC. versus STATE ..... Respondent Through : Mr. Sudershan Joon, APP with SI Uma Datt PS Mangol Puri.
CORAM: HON'BLE MR. JUSTICE A.K. PATHAK O R D E R % 05.10.2016
Crl.A.1099/2015
Trial court record has been received. With the consent of parties, appeal is taken up for hearing.
Arguments heard and record perused.
Vide judgment dated 2nd July, 2015, trial court has convicted the appellant under Section 308/506 Part II IPC and vide order on sentence dated 14th July, 2015, appellant has been sentenced to undergo rigorous imprisonment for five years with fine of ` 20,000/- and in default of payment of fine to undergo simple imprisonment for two months under Section 308 IPC; sentenced to undergo simple imprisonment for two years with fine of
5,000/- and in default of payment of fine to undergo simple imprisonment for fifteen days under Section 506 Part II of IPC; has also been directed to pay a compensation of 40,000/- to victim Smt. Asha w/o Late Shri Banwari Tanwar and in default of payment of compensation to undergo simple imprisonment for four months. All the sentences have also been directed to run concurrently. Benefit under Section 428 Cr.P.C. has also been granted to appellant.
Issues for consideration
3 issues framed by the court
Whether the appellant is entitled to leniency in sentence given his surrender of any challenge to conviction.
Whether the appellant's satisfactory conduct in jail warrants reduction of substantive sentence.
Whether the fine and compensation orders must be maintained as they involve reimbursement to the victim.
Parties & counsel
- appellant
Mohan
- respondent
State
Coram
A.K. Pathak
Case details
As recorded by the court registry
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