Tulchha Ram @ Tila Ram S/o Gena Ram vs State of Rajasthan

This criminal appeal under Section 374 Cr.P.C. has been

preferred by the appellant being aggrieved with the judgment

dated 11.11.1994 passed by the Sessions Judge, Jodhpur

(hereinafter referred to as ''the trial court'') in Sessions Case

No.77/94, whereby the trial court while acquitting the appellant

for the offence punishable under Section 306 IPC has convicted

and sentenced him for the offence punishable under Section 498-A

IPC as under :

Offence U./Sec.: Sentence awarded:- 498-A IPC 1 year''s rigorous imprisonment and a fine of Rs.500/- and in default of payment of fine, further undergo 1 month''s simple imprisonment.

At the outset, learned counsel for the appellant has

submitted that he is not challenging the findings of the trial court

regarding conviction of the appellant for the aforesaid offence,

however, prayed that the sentence awarded to the appellant by

the trial court for the aforesaid offence be reduced to the sentence

already undergone by him.

It is contended by learned counsel for the appellant that the

appellant remained in custody from 06.04.1994 to 01.07.1994

and as such he has already served out almost 3 months sentence

out of the total sentence of 1 year, awarded to him by the trial

court.

Learned counsel for the appellant has submitted that the

incident, for which the appellant has been convicted and

sentenced, took place on 01.03.1994 and around 23 years have

been passed to that incident and at this stage, it is not in the

interest of justice to send the appellant behind the bars. Learned

counsel for the appellant has, therefore, argued that the appeal

filed by the appellant may kindly be partly allowed and the

sentence awarded to him by the trial court for the offence

punishable under Section 498-A IPC may kindly be reduced to the

sentence already undergone by him.

Per contra, learned Public Prosecutor has opposed the prayer

made on behalf of the appellant for reducing the sentence

awarded by the trial court and argued that the prosecution has

sufficiently proved his guilt before the trial court, the sentence

awarded by the trial court is not liable to be reduced.

Heard learned counsel for the parties and carefully

scrutinized the record.

Though, the learned counsel for the appellant is not

challenging the findings of the trial court of convicting the accused

appellant, however, this Court, in the interest of justice, has

scrutinized the record to find out whether the trial court was

justified in convicting the accused appellant for the offence

punishable under Section 498-A IPC.

As per the prosecution story, the appellant has treated his

wife with cruelty for the purpose of dowry and on account of the

said harassment his wife committed suicide on 01.03.1994.

The trial court, after pondering over the evidence produced

by the prosecution, has acquitted the accused appellant for the

offence punishable under Section 306 IPC, however, convicted him

for the offence punishable under Section 498-A IPC.

The mother of the deceased was examined as PW-7, who in

her court statement has deposed that the deceased was harassed

by the appellant for the purpose of dowry. Similarly, the father of

the deceased PW-9 has also stated that the accused appellant

used to harass the deceased for dowry. PW-10 Dana Ram has also

stated the similar facts.

The accused appellant has failed to offer any explanation

regarding the charge of harassment on his behalf to the deceased.

Having carefully scrutinized the record of the case, I am

convinced that the trial court has not committed any illegality in

convicting the accused appellant for the offence punishable under

Section 498-A IPC.

So far as the sentence part is concerned, it is to be noticed

that the incident took place on 01.03.1994 and the accused

appellant remained in custody from 06.04.1994 to 01.07.1994

during the course of trial.

As per the arrest memo, at the time of incident the age of

the accused appellant was around 21 years and by this time he

might have settled in his life, therefore, it would be harsh to send

him behind the bars at this stage.

Looking to the peculiar facts and circumstances of the case,

this Court is of the view that the ends of justice would be met if

the sentences of imprisonment of the accused appellant awarded

by the trial court for the offence punishable under Section 498-A

IPC are reduced from 1 year''s rigorous imprisonment to the

sentence already undergone by him.

Consequently, this appeal is allowed in part. While

maintaining the conviction of appellant - Tulchha Ram @ Tila Ram

S/o Gena Ram recorded by the trial court for the offence

punishable under Section 498-A IPC, his sentence is reduced from

1 year''s rigorous imprisonment to the sentence already undergone

by him.

The impugned judgment dated 11.11.1994 passed by the

trial court is modified accordingly.