Featured image for Supreme Court Judgment dated 12-09-2018 in case of petitioner name Sangita @ Rekha Sambhaji Malod vs The State of Maharashtra
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Conviction Under Section 306 IPC: Supreme Court Reduces Sentence

The Supreme Court of India, in the case of Sangita @ Rekha Sambhaji Malode vs. The State of Maharashtra, dealt with the conviction of the appellant under Section 498-A and Section 306 of the Indian Penal Code (IPC). The case involved allegations of cruelty and abetment to suicide, leading to the conviction of the appellant, who was the sister-in-law of the deceased. The Supreme Court upheld the conviction but reduced the sentence from five years to two years, considering the peculiar facts of the case.

Background of the Case

The appellant, Sangita @ Rekha Sambhaji Malode, was convicted under Section 498-A IPC (cruelty by husband or relatives) and Section 306 IPC (abetment of suicide). The case involved the death of Surekha, the wife of Vasant (the appellant’s brother). Surekha allegedly committed suicide in 2002 due to harassment by her husband and sister-in-law.

The Trial Court found both Vasant and Sangita guilty of the offenses, sentencing them to:

  • Two years’ imprisonment under Section 498-A IPC.
  • Five years’ imprisonment under Section 306 IPC, with both sentences to run concurrently.

Vasant had already served his sentence, while Sangita challenged the quantum of her sentence before the Supreme Court.

High Court’s Findings

The High Court upheld the conviction of the appellant, ruling that:

  • The prosecution had proved that the deceased was subjected to mental and physical cruelty.
  • The suicide was a direct consequence of the harassment inflicted upon her.
  • Both Vasant and Sangita played a role in creating circumstances that led to the suicide.

The appellant then approached the Supreme Court, challenging the severity of her sentence.

Arguments Before the Supreme Court

Appellant’s Arguments

The appellant’s counsel, Mr. Sushil Karanjkar, argued that:

  • Sangita was a married woman who mostly resided with her husband in Nashik and had little direct involvement in the harassment of the deceased.
  • She had two grown-up children to take care of, and a prolonged sentence would severely impact her family.
  • She had already served one year, ten months, and ten days of her five-year sentence.
  • Considering the passage of time since the incident (16 years), her sentence should be reduced.

Respondent’s Arguments

The State of Maharashtra contended that:

  • The conviction under Sections 498-A and 306 IPC was fully justified based on the evidence.
  • The role of the appellant in abetting the suicide could not be ignored.
  • The trial court’s sentencing order should be upheld in full.

Supreme Court’s Observations

The Supreme Court carefully reviewed the arguments and evidence and made the following key observations:

  • “The occurrence was of the year 2002, and the appellant has already undergone one year, ten months, and ten days out of the total sentence imposed upon her.”
  • “Considering the facts and circumstances of the case, the sentence of imprisonment of five years imposed upon the appellant for the offense under Section 306 IPC is reduced to a period of two years.”
  • “The reduction of sentence is in the peculiar facts and circumstances of the present case and may not be treated as a precedent.”

Final Judgment

The Supreme Court ruled:

  • The conviction under Section 306 IPC and Section 498-A IPC was upheld.
  • The sentence under Section 306 IPC was reduced from five years to two years.
  • The appellant was directed to surrender to custody within four weeks to serve the remaining sentence.

Impact of the Judgment

The Supreme Court’s ruling highlights the importance of considering individual circumstances in sentencing. Key takeaways include:

  • Judicial discretion in sentencing: The Court acknowledged the appellant’s circumstances, leading to a reduced sentence.
  • Non-precedent setting: The Court specifically mentioned that this ruling should not be treated as a general precedent.
  • Recognition of time already served: The Court considered the substantial portion of the sentence the appellant had already undergone.

By reducing the sentence, the Supreme Court balanced punishment and rehabilitation, acknowledging both the gravity of the offense and the individual circumstances of the appellant.


Petitioner Name: Sangita @ Rekha Sambhaji Malode.
Respondent Name: The State of Maharashtra.
Judgment By: Justice R. Banumathi, Justice Indira Banerjee.
Place Of Incident: Maharashtra.
Judgment Date: 12-09-2018.

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