IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.270 OF 2003

SANTOSHI & ORS. ....APPELLANTS

VERSUS

STATE OF MADHYA PRADESH ....RESPONDENT

O R D E R

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.

..........................J. (DR. MUKUNDAKAM SHARMA)      

..........................J. (DR. B.S. CHAUHAN)           

NEW DELHI, MAY 20, 2009.