Crl.A. No. 631 of 2008 1

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 631 OF 2008

RUKMINI YESHWANT KHARADE & ANR. ..... APPELLANTS

VERSUS

STATE OF MAHARASHTRA ..... RESPONDENT

O R D E R

1. We have heard learned counsel for the parties. 2. Several arguments have been raised by the learned  

counsel for the appellants with regard to the proximity  

of the last alleged cruelty and the actual date of the  

suicide.  We see from the evidence that some kind of  

unpleasant remarks had been made against the deceased in  

May, 2001 when she gave birth to a female child and the  

allegation is that the appellants at that stage taunted  

her on that account.  We, however, see that there is no  

allegation  whatsoever  in  the  evidence  that  after  May,  

2001 any kind of ill-treatment had been meted out to the  

deceased though she was living in the matrimonial home  

and  had  committed  suicide  in  April,  2002.   However,  

despite this assertion we are not inclined to examine the

Crl.A. No. 631 of 2008 2

merits of the case at this stage as a sentence of five  

years  rigorous  imprisonment  has  been  imposed  on  the  

appellants under Section 306 of the Indian Penal Code and  

one year rigorous imprisonment under Section 498A, both  

the sentences to run concurrently as we have been told by  

the learned counsel for the appellants that as of today  

the appellants have undergone almost four years of the  

sentence.  We, therefore, feel that ends of justice would  

be met if the sentence imposed under Section 306 of IPC  

is reduced to that already undergone.

3. With this modification in the order of the High  

Court, the appeal is dismissed.

4. We are told that the appellants are in custody.  

They  shall  be  released  forth  with  if  not  required  in  

connection with any other case.   

........................J [HARJIT SINGH BEDI]

........................J [GYAN SUDHA MISRA]

NEW DELHI JULY 13, 2011.