IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.2310 OF 2009 (Arising out of S.L.P. (Crl.) No.6848 of 2009)

Jagat Singh & Anr.                        ...Appellant(s)

Versus

State of Uttarakhand                       ...Respondent(s)

O  R  D  E  R

Leave granted.

This appeal is directed against the judgement dated  

17th February, 2009, passed by the High Court of Uttarakhand  

at  Nainital  in  Criminal  Appeal  No.781  of  2001.    The  

appellants  have  been  convicted  under  Section  306/34  and  

Section 498A/34 of the Indian Penal Code, 1864 [for short,  

“I.P.C.”].  Under Section 306/34 I.P.C., the appellants have  

been sentenced to undergo rigorous imprisonment for a period  

of four years and under Section 498A I.P.C. for rigorous  

imprisonment for one year.

The appellants are of the age of 75 and 72 years  

respectively.  They are suffering from multiple ailments.  In  

our considered view, looking to the age of the appellants and  

other facts and circumstances of the case the ends of justice  

would be met in case the period of sentence of imprisonment  

under  Section 306/34 I.P.C.  is  reduced  from four years to  

two years but the period of sentence of imprisonment under  

Section 498A/34 I.P.C. shall remain the same.

....2/-

- 2 -

With this direction, the appeal is partly allowed and  

disposed of.

It is stated that appellants require urgent medical  

attention.  We are sure that the State would provide proper  

medical aid to them in jail.

......................J.               [DALVEER BHANDARI]

......................J.               [A.K. PATNAIK]

New Delhi, December 04, 2009.