sns 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.893 OF 2010 The State ..Appellant. v/s. Ashok P. Tavare and Ors. ..Respondents. Ms G.P.Mulekar, APP for the Appellant/State. CORAM : J.H.BHATIA, J. DATE : 4th October, 2011 PC : 1 Heard the learned APP. Perused the impugned judgment. 2 Respondents were convicted for the offence punishable under sections 498-A and 306 r/w sec.34 of the IPC by the learned Additional Sessions Judge, Solapur in Sessions Case No.216-2009 and were sentence to undergo R.I. for two years and to pay fine of Rs.500/- and to undergo R.I. for three years and to pay fine of Rs.1,000/- respectively. The State has filed this appeal for enhancement of the sentence on the ground that sentence is not commensurate to the offences. The learned APP pointed out that the deceased had committed suicide by jumping into the well within 3 and half months after the marriage when she was pregnant for 12 weeks. It is alleged that she had committed suicide because of demand of Rs.2 lakh and torture at the hands of the respondents/accused. sns 2 3 Offence under Section 498-A is punishable with imprisonment for a term,which may extend to three years and fine while the offence under section 306 is punishable with imprisonment of either description for a term which may extend to 10 years and also fine. Law does not prescribe any minimum sentence to be awarded in either of the two cases. Therefore, within the maximum limit of sentence which is prescribed by the law, the trial Court has got the discretion. The trial Court after hearing the facts and circumstances awarded the sentence as stated above. There appears no illegality or irregularity in the order nor it can be said that the sentence is just farcical or nominal. The accused persons are required to undergo actual R.I. for three years for the offence punishable under section 306 IPC. Taking into consideration the facts and circumstances, I do not see any reason to interfere. 4 Therefore, the appeal stands dismissed. (J.H.BHATIA, J.)