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Synopsis

The Supreme Court has recently reduced the life term of a man in a dowry death case to the period already undergone, noting that the incident dated back to 2002 and he had to look after a differently able son.

The top court allowed the review of its judgment awarding the man life term in the case related to dowry harassment and death of his wife.

A bench of Justices Sanjiv Khanna and Bela M Trivedi recalled its August 31, 2018 order, dismissing his plea against the Punjab and Haryana High Court's judgment.

"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," the bench said.

In its order, the bench said, however, the appellant – Sanjay Babu Lal will pay a fine of Rs 10,000 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 bench ordered.

Convict Sanjay Babu Lal, confined to jail, filed his review petition after delay of 1606 days.

The bench examined 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), also the photographs.

"We do not think that the appellant – Sanjay Babu Lal has made out a case for acquittal. We are not inclined to interfere with the conviction of the appellant – Sanjay Babu Lal for the offences punishable under Section 304B and Section 498A of the Indian Penal Code, 1860," the bench said.

Case Title: Sanjay Babu Lal vs. State of Haryana