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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 709  OF 2009  

JHABOO MAHATO & ANR.  APPELLANTS VERSUS

THE STATE OF JHARKHAND               RESPONDENT O R D E R

1. This appeal is directed against the judgment and order  passed  by  the  High  Court  of  Jharkhand  at  Ranchi  in  Criminal  Appeal  No.1210  of  2003,  dated  27.11.2007.  The  High Court, by its judgment and order, has affirmed the  judgment and order passed by the learned Sessions Judge,  in Sessions Trial No.410 of 1994, dated 08.08.03. It is  these  orders  which  are  called  in  question  by  the  appellants before us.   2. The first appellant(A1), herein is the father-in-law  of the deceased, Jamni Devi, and the second appellant(A2)  is the husband of the deceased.  By the said judgment and  order  of  the  Sessions  Judge,  they  are  convicted  and  sentenced  to  simple  imprisonment  of  10  years  for  the  offences  punishable  under  Section  304-B  of  the  Indian

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Penal Code (the “IPC” for short) and simple imprisonment  of 5 years with a fine of Rs.15,000/- each under Section 3  of the Dowry Prohibition Act, 1961(“the Act” for short)  and a simple imprisonment of 6 months under Section 4 of  the Act. In default of payment of fine, they were ordered  to undergo simple imprisonment of 3 months each. It was  further ordered that all the substantive sentences awarded  to the appellants shall run concurrently and the period of  sentence already undergone were set-off.

3. Having heard the learned counsel for both the parties,  we are of the opinion that the High Court and the Trial  Court have not committed any error which would call for  our  interference.  However,  the  learned  counsel  for  the  appellants would submit that A1, namely, Jhaboo Mahato is  suffering  from  Oral  Cancer  and  is  advised  to  undergo  Chemotherapy. It is also brought to our notice that the  wife of A1 is also suffering from Cancer and there is no  other person to take care of them.

4. Taking a sympathetic view to the deteriorating health  conditions of A1 and his wife, as also keeping in view the  date of the alleged incident as well as the pendency of  the  appeals  before  various  courts,  we  are  of  the

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considered opinion that the sentence awarded by the Trial  Court and as confirmed by the High Court be reduced.

5.  In view of the above, we reduce the sentence of A1  from 10 years to 7 years. We are informed by the learned  counsel for the appellants that both the accused persons  are on bail.  If it is so, their bail bonds are cancelled  and they are directed to surrender forthwith before the  Trial  Court  and  serve  out  the  remaining  period  of  the  sentence.

Appeal disposed of in the above terms, accordingly.

.......................J. (H.L. DATTU)

.......................J. (CHANDRAMAULI KR. PRASAD)

NEW DELHI; DECEMBER 06, 2012.