Kailash Wati Vs. State

Kailash Wati vs State

Type Court Judgment Court Delhi Decided Jul 20, 2001

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Citation: sooperkanoon.com/707837
Court: Delhi High Court
Judge: R.S. Sodhi, J.
Decided On: Jul 20, 2001
Case Number: Crl. Appeal No. 143 of 1993
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Indian Penal Code, 1860 - Sections 498-A & 306--Abetment of suicide--Harassment--Sentenced to undergo RI and tine--Appeal--On question of sentence only, appellant is 80 years old, sick and confined to bed, unable to take any incarceration and has been on bail--Sentence can be reduced to already undergone--Modifi...

Key legal issue: Criminal
Acts & sections: Indian Penal Code (IPC), 1860 - Sections 306 and 498A

Parties & Advocates

Appellant / Petitioner

Kailash Wati

Advocate Satish Kumar, Adv

Respondent

State

Advocate Santosh Kohli, Adv.

Legal References

Acts: Indian Penal Code (IPC), 1860 - Sections 306 and 498A
Reported In: 93(2001)DLT163; II(2001)DMC423; 2001(60)DRJ96

Excerpt

indian penal code, 1860 - sections 498-a & 306--abetment of suicide--harassment--sentenced to undergo ri and tine--appeal--on question of sentence only, appellant is 80 years old, sick and confined to bed, unable to take any incarceration and has been on bail--sentence can be reduced to already undergone--modification in order of sentence to that already undergone--disposed of. - r.s. sodhi, j.1. criminal appeal no. 143/1993 is directed against the judgment and order of the learned additional sessions judge in sc no. 111/1998 whereby the learned judge by his judgment and order dated 23.8.1993 has convicted the appellant under sections 498-a/306, ipc and further by order dated 24.8.1993 sentenced the appellant to undergo rigorous imprisonment for two years with fine of rs.,500/- under section 498-a, ipc and in default of payment of fine to undergo further simple imprisonment for two month; under section 306, ipc the appellant was sentenced to undergo rigorous imprisonment for five years and to pay a fine of rs. 1,000/- and in default of payment of fine to undergo further simple imprisonment for four months.2. leaned counsel for the appellant, at the outset, does not challenge the judgment of conviction. however, on the question of sentence, he submits that the appellant is 80 years old and is unable to take on any further incarcerations and that since she has been on bail by the order dated 3.11.1993, she has been very sick and confined to bed. he submits that no useful purpose will be served in requiring the appellant to undergo remaining portion of sentence at this stage of life and falling health.3. learned counsel for the state submits that in the facts and circumstance os this case, it would be a fit case where sentence can be reduced to that already undergone.4. having heard learned counsel for the parties and in the facts and circumstances of this case, while upholding the order of conviction, i modify the order of sentence to that already undergone.5. with this modification, criminal appeal no. 143/1993 stands disposed of.non-bailable warrants issued vide order dated 10th may, 2001 to secure the presence of the appellant are recalled. bail bond and surety are cancelled.record of the trial court be returned forthwith.6. appeal disposed of.

Full Judgment

R.S. Sodhi, J.

1. Criminal Appeal No. 143/1993 is directed against the judgment and order of the learned Additional sessions Judge in SC No. 111/1998 whereby the learned Judge by his judgment and order dated 23.8.1993 has convicted the appellant under Sections 498-A/306, IPC and further by order dated 24.8.1993 sentenced the appellant to undergo rigorous imprisonment for two years with fine of Rs.,500/- under Section 498-A, IPC and in default of payment of fine to undergo further simple imprisonment for two month; under Section 306, IPC the appellant was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo further simple imprisonment for four months.

2. Leaned Counsel for the appellant, at the outset, does not challenge the judgment of conviction. However, on the question of sentence, he submits that the appellant is 80 years old and is unable to take on any further incarcerations and that since she has been on bail by the order dated 3.11.1993, she has been very sick and confined to bed. He submits that no useful purpose will be served in requiring the appellant to undergo remaining portion of sentence at this stage of life and falling health.

3. Learned Counsel for the State submits that in the facts and circumstance os this case, it would be a fit case where sentence can be reduced to that already undergone.

4. Having heard learned Counsel for the parties and in the facts and circumstances of this case, while upholding the order of conviction, I modify the order of sentence to that already undergone.

5. With this modification, Criminal Appeal No. 143/1993 stands disposed of.

Non-bailable warrants issued vide Order dated 10th May, 2001 to secure the presence of the appellant are recalled. Bail bond and surety are cancelled.

Record of the trial Court be returned forthwith.

6. Appeal disposed of.

Same Court & Year Delhi · 2001 Same Parties Kailash Wati vs State Same Subject Criminal Same Judge R.S. Sodhi, J. Acts & Sections Indian Penal Code (IPC), 1860 - Sections 306 and 498A

Criminal