Sat. May 8th, 2021

Jamadar Ojha vs State & Ors. on 1 June, 2017

2 min read

2. In Crl.A. 1396/2012, the prayers made by Jamadar Ojha, father of the
deceased was for setting aside acquittal of Mohini Tiwari, mother in law of
the deceased and enhancement of sentence of Rajinder Tiwari and Sanjay
Tiwari. Though, in the alternative, charge for offence punishable under
Section 302 IPC was framed against the accused, learned Trial Court
convicted Sanjay Tiwari and Rajinder Tiwari only for offence punishable
under Sections 498A/304B. No leave to appeal was sought either by the
State or Jamadar Ojha against acquittal of Rajinder Tiwari and Sanjay Tiwari
for offence punishable under Section 302 IPC. Even in respect of challenge
to the acquittal of Mohini Tiwari, this Court vide order dated 8th July, 2016
noted that no leave to appeal against acquittal has been sought in Crl.A.
1396/2012 and without seeking leave to appeal, the appeal cannot be
entertained against acquittal in terms of the decision of the Supreme Court
reported as 2015(15) SCC 613 Satyapal Singh Vs. State of Madhya Pradesh.
Thus, Crl.A. 1396/2012 was confined to enhancement of sentence qua
conviction of Rajinder Tiwari and Sanjay Tiwari for offence punishable
under Section 304B IPC as for offence punishable under Section 498A IPC,
Rajinder Tiwari and Sanjay Tiwari were awarded the maximum sentence i.e.

Crl.A Nos. 1396/2012 & 134/2013 Page 2 of 19
imprisonment for a period of three years. As noted above, Sanjay Tiwari
died on 2nd March, 2017, thus, Crl.A.1396/2012 is now confined only to the
extent of enhancement of sentence of Rajinder Tiwari for offence punishable
under Section 304B IPC.

Source: Indian Kanoon

Leave a Reply