Sanjay Babu Lal v. State of Haryana

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).
We have also perused the photographs, which are marked as Exhibits
PC to PE.
Having regard to the aforesaid 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
RP(Crl.) Diary No. 8152/2023 in SLP(Crl.) No. 7528/2018 1

the appellant – Sanjay Babu Lal for the offences punishable under
Section 304B and Section 498A of the Indian Penal Code, 18601
.
However, 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. However, the appellant – Sanjay
Babu Lal will pay a fine of Rs.10,000/- (Rupees ten thousand only), 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 sentence awarded under Section 498A of the IPC is maintained. Sentences will run concurrently.
The appeal is partly allowed and disposed of in the above terms.
Pending application(s), if any, shall stand disposed of. ..................J.
(SANJIV KHANNA) ..................J.
(BELA M. TRIVEDI)
NEW DELHI;
NOVEMBER 08, 2023.