Rajasthan High Court Reduces Sentence Awarded To 82 year old Woman Charged Under 498A IPC To The Period Already Served By Her

Justice Sandeep Mehta and Justice Vinod Kumar Bharwani observed, "We are of the view that as appellant Sayari has already attained the age of 82 years, the sentences awarded to her be reduced to the period already undergone by her which is nearly two and half months".

Affirming the conviction of the woman, the court ordered that for the offence under Section 498A IPC, as recorded by the trial court and passed by the learned Additional Sessions Judge, Sojat, Pali, the sentence awarded to the appellant be reduced to the period already undergone by her.

The court observed that as the appellant is on bail, she is not required to surrender, if not required in any other case. The court further discharged her bail bonds.

The court, as per Section 437-A Cr.P.C, directed the appellant to furnish a personal bond in the sum of Rs.40,000/- and a surety bond in the like amount before the trial court. The court added that the same shall be effective for a period of six months to the effect that in the event of filing of a Special Leave Petition against this judgment on receipt of notice thereof, the appellants shall appear before the Supreme Court.

Background

Jairam-complainant alleged that one Budharam Sirvi informed his elder brother Pemaram that the latter's daughter Indra was not well. So, all the family members went to Indra's house, where her dead body was lying on the floor and blood stains were found on her mouth. They asked Kanaram-appellant on which he feigned ignorance by saying that on previous night, he was at his aunt's house and saw that Indra was hanging by a noose when he returned in morning. Thereafter, FIR was filed and postmortem report opined reason of death to be asphyxia due to strangulation.

After hearing the arguments advanced and upon appreciating the evidence on record, the trial court proceeded to convict and sentence accused-appellants Sayari and Moti Bai for the offence under Section 498A ,while Kanaram under Sections 498A and 302 IPC.

As the offence under Section 302 IPC was exclusively triable by the Court of Sessions, the case was committed to the Court of Sessions Judge, Pali, from where, it was transferred to the Court of Additional Sessions Judge, Sojat. Aggrieved by the latter trial court's order dated 17.04.1996, Criminal Appeal has been preferred by appellants under Section 374 (2) CrPC.

Case Title: Smt. Sayari and Ors. v. State of Rajasthan

Citation: 2022 LiveLaw (Raj) 29