SC quashes its own judgement in dowry death case
New Delhi, Aug 26 (PTI) In a rare departure from convention, the Supreme Court has set aside its own order passed in a dowry death case in 2008 on the ground that the accused husband and mother-in-law were not heard at the time of quashing their remission of sentence in the case.It held that the remission rules of Madhya Pradesh government gave the benefit of remission (reduction in sentence) for the accused as their sentence was only for seven years and not for life imprisonment.A Bench of Justices R V Raveendran and D K Jain set aside the November 11, 2008, judgement of a Bench headed by Justice C K Thakker (since retired) in the review petition filed by the aggrieved mother-in-law Reshma Devi and husband Jolly Singla who were sentenced to seven years RI for the dowry death of the latter's wife Anju Rani. In a review petition which filed after the original appeal is dismissed, the apex court rarely modifies its earlier judgement. In the instant case, the earlier Bench of the apex court had quashed the remission of the two accused on the ground that Madhya Pradesh government's rule did not provide any remission of sentence in serious offences like dowry death case. Aggrieved by the earlier decision, the accused filed a review petition on the ground that they were not made parties in the SLP filed by the deceased's father and that the apex court had erroneously held that they were not entitled to remission for the serious offence of dowry death. Upholding the review petition, the present apex court bench said "there is considerable force in both the contentions. Accused no.2 (mother-in-law) was not a party to the appeal before this court. But while disposing of the appeal, this Court directed that if she had been granted the benefit under the government Order dated 14.8.2002, she also has to surrender to custody till the period of seven years is over. "Obviously as accused no.2 was not a party and as she was not heard, no observation could have been made in the judgment of this Court nor any direction could have been given to her detriment, that too in regard to a matter which was not the subject matter of the appeal," the apex court said. Interpreting the state's remission rules, the present apex court bench further said the convicts were entitled to the benefit of remission as they were sentenced only for seven years. It pointed out that the remission benefits would not have been applicable to them if they were to serve a life sentence.
STAFF WRITER 20:49 HRS IST
New Delhi, Aug 26 (PTI) In a rare departure from convention, the Supreme Court has set aside its own order passed in a dowry death case in 2008 on the ground that the accused husband and mother-in-law were not heard at the time of quashing their remission of sentence in the case.
It held that the remission rules of Madhya Pradesh government gave the benefit of remission (reduction in sentence) for the accused as their sentence was only for seven years and not for life imprisonment.
A Bench of Justices R V Raveendran and D K Jain set aside the November 11, 2008, judgement of a Bench headed by Justice C K Thakker (since retired) in the review petition filed by the aggrieved mother-in-law Reshma Devi and husband Jolly Singla who were sentenced to seven years RI for the dowry death of the latter's wife Anju Rani.
http://www.ptinews.com/news/904586_SC-quashes-its-own-judgement-in-dowry-death-case
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