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NON-REPORTABLE IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

Criminal Appeal  No(s).  899 of 2009

SANGITA @ REKHA SAMBHAJI MALODE                    Appellant(s)

                               VERSUS

THE STATE OF MAHARASHTRA                           Respondent(s)

J U D G M E N T

BANUMATHI, J.:

(1) The appellant, who is the sister-in-law of the deceased-

Surekha, has been convicted for the offence under Section 498-A

and Section 306 I.P.C. read with Section 34 I.P.C. and was

sentenced to undergo imprisonment for a period of two years and

five years respectively (to run concurrently).  Vasant, brother

of the appellant and husband of the deceased-Surekha, was also

convicted for the same offences and is said to have already

undergone the sentence of imprisonment imposed upon him.

(2) By the order of this Court dated 20th February, 2009 notice

was issued limited only to the quantum of sentence.

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(3) Mr. Sushil Karanjkar, learned counsel appearing for the

appellant, has submitted that the appellant being a married

lady and by and large has been residing only with her husband

at Nasik is having two grown up children to be taken care and

her family.

(4) The occurrence was of the year 2002.  The appellant is

said to have undergone one year ten months and ten days, out of

the total imprisonment imposed upon her.

(5) Considering the facts and circumstances of the case, the

sentence  of  imprisonment  of  five  years  imposed  upon  the

appellant for the offence under Section 306 I.P.C. is reduced

to a period of two years.

(6) The appeal is allowed in part accordingly.

(7) We make it clear that the reduction of sentence is in the

peculiar facts and circumstances of the present case and the

same may not be treated as precedent. The  appeal  is

accordingly disposed of.

(8) The appellant is to surrender to custody within a period

of four weeks to serve the remaining sentence failing which she

shall be taken to custody.

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(9) A copy of this order be sent to the concerned trial court

for necessary action.      

..........................J.                 (R. BANUMATHI)

..........................J.         (INDIRA BANERJEE)

NEW DELHI, SEPTEMBER 12, 2018.