1 S.B.CRIMINAL APPEAL NO.95/2006 DATE OF ORDER : 3.2.2010 HON'BLE MR. JUSTICE DEO NARAYAN THANVI Mr. M.L.Bishnoi, for the appellants. Mr. Panney Singh, Public Prosecutor. Mr. Rajesh Joshi, for the complainant. Heard learned counsel for the parties. This Appeal has been filed against the judgment of the learned Addl.Sessions Judge (FT), Balotra, Hqr.Barmer, dated 18.1.06, whereby he convicted the accused appellants u/ss.498A & 304B IPC and sentenced each of them to undergo two years' R.I. and to pay a fine of Rs.1000/- and in default, to further undergo three months' imprisonment u/s.498A and ten years' R.I. and a fine of Rs.5000/- and in default, to further undergo one year's imprisonment u/s.304B IPC. The charge against the appellants was that they harassed Smt.Pushpa for bringing less dowry and as a result thereof, she alongwith her daughter Shia committed suicide on 6.1.04 by falling into the well. 2 Learned counsel for the appellants does not want to challenge the conviction but he simply submits that since the appellants have already remained in police custody as also in judicial custody for a period of about six years, therefore, they may be sentenced to the period already undergone. Per contra, learned Public Prosecutor has supported the judgment of the court below. Keeping in view all the facts & circumstances of the case, it seems that ends of justice will be met, if the accused are sentenced to the minimum period of seven years u/s.304B IPC as provided under the law. Accordingly, this Appeal is allowed in part. While maintaining the conviction of the accused appellants u/ss.498A & 304B IPC recorded by the Addl.Sessions Judge (FT), Balotra, Hqr. Barmer, vide his judgment dt.18.1.06, they are sentenced to the minimum period of seven years' R.I., instead of 10 years, alongwith fine of Rs.5000/- each & in default, to further undergo six months' imprisonment u/s.304B IPC. However, the sentence of two years' R.I. alongwith fine of Rs.1000/- & in default, to further undergo three months' imprisonment u/s.498A IPC is maintained. Both the substantive sentences shall run 3 concurrently. Accused are in jail, they will serve out the remaining part of their sentences. (DEO NARAYAN THANVI), J. RANKAWAT JK, PS