SUNIL DUTT SHARMA Vs. STATE (GOVT. OF NCT OF DELHI)
LAWS(SC)-2013-10-30
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on October 08,2013

SUNIL DUTT SHARMA Appellant
VERSUS
STATE (GOVT. OF NCT OF DELHI) Respondents

JUDGEMENT

- (1.) The accused-appellant was tried for offences under Sections 302 and 304-B of the Indian Penal Code (hereinafter for short the "Penal Code") for causing the death of his wife in the night intervening 16/17.05.92. He has been acquitted of the offence under Section 302 of the Penal Code on the benefit of doubt though found guilty for the offence under Section 304-B of the Penal Code following which the sentence of life imprisonment has been imposed. The conviction and sentence has been affirmed by the High Court. Aggrieved, the appellant had moved this Court under Article 136 of the Constitution.
(2.) Limited notice on the question of sentence imposed on the accused- appellant having been issued by this Court the scope of the present appeal stands truncated to a determination of the question as to whether sentence of life imprisonment imposed on the accused-appellant for commission of the offence under Section 304-B of the Penal Code is in any way excessive or disproportionate so as to require interference by this Court.
(3.) Section 304-B(2) of the Penal Code which prescribes the punishment for the offence contemplated by Section 304-B(1) is in the following terms : "Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life." .;


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