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State Of Rajasthan vs Rameshwar And Ors. on 16 April, 2001

State Of Rajasthan vs Rameshwar And Ors. on 16 April, 2001Equivalent citations: II (2001) DMC 447 Bench: G Pattanaik, U Banerjee

ORDER

Leave granted.

1. State is in appeal against the impugned judgment of the High Court. The respondents stood convicted under Sections 498A and 304B, IPC. The High Court affirmed the conviction, but so far as the sentence is concerned, directed that the sentence is reduced to period undergone. From the affidavit filed on behalf of the accused, it appears that some of them have undergone 4 years and some of them even less than 4 years. Under Section 304B, the minimum sentence would be not less than 7 years, which may extend to the imprisonment for life. In this view of the matter, the High Court committed error in altering sentence to the period undergone. The learned Counsel appearing for the accused, however, stated that the period of 4 years is the actual period not taking into account the remission period which accused might have earned. We need not go into that question since it will be open for Appropriate Authority to take into account the remission period, which a convict might have earned during his period in custody. In the aforesaid premises, the impugned order of the High Court is set aside, and the accused persons for their conviction under Section 304B are sentenced to imprisonment for 7 years.

2. The appeal is disposed of accordingly.

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