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CR.A/18919/1992 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
APPEAL No. 189 of 1992
For
Approval and Signature:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
======================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
======================================
BAROT
JASWANTBHAI BHIKABHAI & OTHERS
Versus
STATE
OF GUJARAT
======================================Appearance
:
Mr Magan Barot with Mr Y.V.Brahmbhatt for the
Appellants
PUBLIC PROSECUTOR for
Opponent(s) : 1,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 21/10/2008
ORAL
JUDGMENT
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
The
present appeal has been filed by the appellants ? original accused
challenging the judgment and order dated 24th February
1992 passed by the learned Additional Sessions Judge, Himatnagar in
Sessions Case No.59 of 1991.
Heard
learned counsel for the parties. It is submitted at bar that the
husband has served out his sentence as passed by the trial Court.
The father has lived his life. Now remains the mother ? Maniben,
appellant No.3 herein, who has been convicted under Section 498A of
IPC and sentenced to undergo RI for one year. She has remained for
some period in custody and thereafter she was granted bail.
Learned
counsel for the appellant urges that in the facts and circumstances
of the case he would not dispute occurrence of the incident and
submits that it is a case where Section 498A of IPC has been invoked.
The learned counsel for the appellant has not
challenged the findings of the trial Court on his convicting under
Section 498A of the Indian Penal Code.
Here
we take note of the fact that at the present distance of time the
conviction under Section 498A of IPC, it would not be appropriate to
send a mother-in-law to serve out a small sentence. Consequently,
we affirm the findings of the trial Court and reduce the sentences
to such period which has already been undergone by appellant No.3.
Consequently,
the appeal is allowed. Bail bonds are cancelled.
(Bhagwati
Prasad, J.)
(Bankim
N Mehta, J.)
*mohd
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