Supreme Court - Daily Orders
Ashok Mondal @ Ashok Mondal vs State Of West Bengal on 23 April, 2015
Bench: Jagdish Singh Khehar, Madan B. Lokur, Kurian Joseph
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2318 OF 2011
Ashok Mondal @ Asoke Mondal and another ..Appellants
versus
State of West Bengal ..Respondent
WITH
CRIMINAL APPEAL NO. 2319 OF 2011
O R D E R
Criminal Appeal No. 2318 of 2011 Insofar as the appellant Ashok Mondal @ Asoke Mondal is concerned, having heard learned counsel for the rival parties, we find no justification whatsoever, either in interfering with his conviction, or the sentence imposed upon him, by the High Court.
Insofar as appellant no.2-Bimala Mondal is concerned, we likewise find no justification whatsoever to interfere in her conviction under Section 498A of the Indian Penal Code. We however feel, that the sentence imposed upon her is excessive, on account of the fact, that she has been awarded the maximum sentence imposable under Section 498A of the Indian Penal Code. Signature Not Verified Digitally signed by The evidence produced by the prosecution, does not indicate any Parveen Kumar Chawla Date: 2015.04.27 17:40:30 IST Reason: physical torture and harassment of the deceased Shampa, at the hands of appellant no.2-Bimala Mondal. The record oF the 2 instant case also reveals, that Bimala Mondal is presently aged 69/70 years. Keeping in mind the accusation levelled against her, were limited to mental torture, and also her present age, we are of the view, that the sentence imposed upon hear deserves to be reduced from three years' simple imprisonment to one year's simple imprisonment. Ordered accordingly.
The appeal is partly allowed in the aforesaid terms. Criminal Appeal No. 2319 of 2011 In view of the order passed by us in Criminal Appeal No. 2318 of 2011, we find no justification whatsoever to interfere with the impugned order.
The instant appeal is accordingly dismissed.
…......................J. [JAGDISH SINGH KHEHAR] …......................J. [MADAN B. LOKUR] NEW DELHI; …......................J. APRIL 23, 2015. [KURIAN JOSEPH] 3 ITEM NO.104 COURT NO.4 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 2318/2011 ASHOK MONDAL @ ASHOK MONDAL & ANR Appellant(s) VERSUS STATE OF WEST BENGAL Respondent(s) WITH Crl.A. No. 2319/2011 (With appln.(s) for permission to file additional documents) Date : 23/04/2015 These appeals were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE KURIAN JOSEPH For Appellant(s) Mr. Rauf Rahim,Adv. In AR 2318/2011 and for respondent in AR 2319/2011 For Appellant(s) Mr. Soumya Chakraborty, Adv. In AR 2319/2011 for Mr. S. K. Sabharwal,AOR(NP) For Respondent(s) Mr. Mohit Paul, Adv. (State of WB) for Mr. Anip Sachthey,AOR(NP) Mr. Harish Pandey,AOR(NP) UPON hearing the counsel the Court made the following O R D E R Criminal Appeal No. 2318 of 2011 is partly allowed in terms of the signed order.
Criminal Appeal No. 2319 of 2011 is dismissed in terms of the signed order.
(Parveen Kr. Chawla) (Renuka Sadana)
Court Master Court Master
[signed order is placed on the file]