The present appeal is filed by the appellants, who have been
convicted under Section 498-A of the Indian Penal Code (in short 'IPC'). Appellant
No.1, Santoshi s/o Maniram Rathore, has been sentenced to undergo rigorous
imprisonment for three years and to pay a fine of Rs.2,000/- by the Trial Court.
The said conviction and period of sentence was also upheld by the High Court. So
far as the remaining appellants are concerned, they were also convicted under
Section 498-A, IPC. But in case of two of them, i.e. Brahma and Maniram, the
sentence awarded was three years rigorous imprisonment and with a fine of
Rs.2,000/- each and in case of the remaining two the sentence awarded was for a
period of one and half years and to pay a fine of Rs.2,000/- by each one of them.
The High Court, however, altered the sentence of the appellant Nos.2 to 5 and
sentenced each of them to undergo imprisonment for a term of one year and to pay
fine of Rs.2,000/- by each.
::2::
In the appeal, notice was issued. So far as appellant Nos.2 to 5 are
concerned, they were released on bail on their furnishing bail bonds to the
satisfaction of the Trial Court during the pendency of this appeal. The appeal is
now listed for hearing before us. When we heard Mr. S.K. Gambhir, learned senior
counsel appearing for the appellant, he fairly stated before us that so far as
appellant No.1 Santoshi is concerned, he has already undergone the entire period of
sentence i.e. three years and he has also paid the fine imposed upon him. In that
view of the matter, the appeal filed by Santoshi has been rendered infructuous.
So far as the other appellants, namely, Brahma s/o Maniram
Rathore, Maniram s/o Gopal Rathore, Kalawati w/o Maniram Rathore and
Dakshri w/o Bramha Rathore, are concerned, they have also undergone
imprisonment for a term of about 5 to 6 months. We are also informed that they
have also paid the fine. Considering the facts and circumstances of the case and
also considering the fact that at least two of them are ladies, we alter the sentence of
imprisonment awarded to them to the period already undergone by them.
::3::
With the aforesaid modification in the sentence, the appeal filed by
the appellants stands disposed of in terms of the order passed by us. The bail bonds
of the appellants who are on bail stand discharged. So far as appellant No.1 is
concerned, he already stands released having undergone the sentence given to him
and therefore he may not be re-arrested in connection with the present criminal
case.