High Court Criminal Appeal against conviction and sentence for dowry death and cruelty. Court upheld conviction but modified sentence for Section 304(B) IPC from 10 to 7 years rigorous imprisonment, allowing appeal partly.
Sentence for Section 304(B) IPC reduced to seven years rigorous imprisonment; appeal on this point allowed; rest disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1269 of 2019
Arising Out of PS. Case No.-364 Year-2015 Thana- TAJPUR District- Samastipur
======================================================
Sujit Das Son Of Ladoo Lal Das Resident Of Village - Rajkha Rampur, P.S.Tajpur, District- Samastipur
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Anil Kumar, Advocate Mr. Akash Kumar Mishra, Advocate For the Respondent/s : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
9 02-12-2024
Heard the learned counsel for the appellant and the
learned APP for the State; Sri Jharkhandi Upadhyay.
02.02.2019 and sentence dated 07.02.2019 passed by learned 3rd Additional Sessions Judge, Samastipur passed in connection with Sessions Trial No. 224 of 2016/126 of 2016 arising out of Tajpur P.S. Case No. 364 of 2015 by which the appellant was convicted under Section 304(B) Indian Penal Code for sentence of 10 years rigorous imprisonment and he further sentenced for 3 years rigorous imprisonment and with fine of Rs. 10,000/- for offence under Section 498A of Indian Penal Code. He further sentenced to undergo R.I. for 6 months with a fine of Rs. 2,000/for the offence under Section 3 of the D.P. Act and further he
Patna High Court CR. APP (SJ) No.1269 of 2019(9) dt.02-12-2024 2/3
sentenced to undergo R.I. for 6 months with a fine of Rs. 2,000/for the offence under Section 4 of the D.P. Act.
3 . Learned counsel for the appellant, at the very outset, does not challenge the judgment of conviction, and he limits his argument to the punishment awarded to the appellant rigorous imprisonment for ten years under Section 304(B) of the Indian Penal Code.
4 . It has been submitted by the learned counsel for the appellant that the minimum sentence for having committed the offence under Section 304B of the Indian Penal Code is seven years and the appellant has been sentenced to undergo rigorous imprisonment for ten years. He also submits that the appellant has no prior record of conviction, and he prays for a lenient view. The appellant has surrendered in court below on 21.01.2016 and thereafter, he is in custody.
5 . I have considered the submission of the learned counsel for the appellant.
6 . In the facts of the case, this Court does not interfere in the conviction of the appellant which is upheld but the sentence to undergo rigorous imprisonment for 10 years is modified to rigorous imprisonment for 7 years.
7 . The petitioner is directed to undergo rigorous
Patna High Court CR. APP (SJ) No.1269 of 2019(9) dt.02-12-2024 3/3
imprisonment for seven years.
8 . If the petitioner has already undergone rigorous
imprisonment for a period of seven years including the period of remission etc. and if he is not wanted in any other case, he is directed to be released forthwith.
9 . This appeal stands partly allowed and disposed of accordingly.
10 . The L.C.R. is directed to be returned to the concerned lower Court forthwith.
(Sandeep Kumar, J)
Shishir /-
U T
3 issues framed by the court
Whether the sentence of ten years rigorous imprisonment for offence under Section 304(B) IPC should be modified considering the appellant surrendered and had no prior record.
Whether the appeal challenging only the punishment for Section 304(B) IPC stands allowed.
Whether the appellant should be released forthwith upon completion of the modified sentence.
4 provisions across 2 enactments
Sujit Das
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
