As the petitioner – Sanjay Babu Lal is confined to jail,
delay of 1606 days in filing the review petition is condoned.
Having heard learned counsel for the parties, the review
petition is allowed. The order dated 31.08.2018 is recalled and
SLP(Crl.) no. 7528/2018 stands restored to its original number and
file.
Leave granted in SLP(Crl.) no. 7528/2018.
We have perused the trial Court records with reference to the
statement of Lt. Col. (Dr.) T.S. Bhatti (PW-11), the statement made
by the appellant – Sanjay Babu Lal under Section 313 of the Code of
Criminal Procedure, 1973, as also, Exhibits PQ (Medical Case
Sheet), PR (Proceedings of Medico-legal case) and PV (Site Plan).
We have also perused the photographs, which are marked as Exhibits
PC to PE.
Deepak Guglani
acquittal. We are not inclined to interfere with the conviction of
RP(Crl.) Diary No. 8152/2023 in SLP(Crl.) No. 7528/2018 1 the appellant – Sanjay Babu Lal for the offences punishable under
Section 304B and Section 498A of the Indian Penal Code, 18601.
However, keeping in view the facts and circumstances of the
case, including the factum that the appellant – Sanjay Babu Lal has
a differently-abled son and the incident is of the year 2002, we
are inclined to reduce the punishment awarded to the appellant –
Sanjay Babu Lal from that of life imprisonment, to imprisonment for
the period already undergone, which is ten years and nine months
approximately as on 03.10.2023. However, the appellant – Sanjay
Babu Lal will pay a fine of Rs.10,000/- (Rupees ten thousand only),
and in default whereof, he will undergo simple imprisonment for a
period of three months. On payment of fine/default sentence, the
appellant – Sanjay Babu Lal will be released immediately, if not
required to be detained in jail in any other case.
The sentence awarded under Section 498A of the IPC is
maintained. Sentences will run concurrently.
The appeal is partly allowed and disposed of in the above
terms.
Pending application(s), if any, shall stand disposed of.
1 In short, ‘IPC’.
RP(Crl.) Diary No. 8152/2023 in SLP(Crl.) No. 7528/2018 2