Court No. - 50
Case :- CRIMINAL APPEAL No. - 526 of 2018 Appellant :- Jai Lal Kushwaha Respondent :- State Of U.P.
Counsel for Appellant :- Vidya Sagar Counsel for Respondent :- G.A.
Hon'ble Mrs. Vijay Lakshmi,J.
Counter affidavit filed today by learned A.G.A. is taken on record.
Heard learned counsel for the appellant and learned A.G.A. Perused the record.
Learned counsel for the appellant submitted that he does not want to press this appeal on merits. He confines his prayer only to the reduction of the quantum of sentence awarded by the trial court. He submitted that the accused appellant is a rustic villager. He is a poor labourer and he owes the responsibility of maintaining his family members. Since he is languishing in jail, his family including his wife and 3 children, is facing severe economic crisis. He has been punished with 7 years R.I. with fine of Rs. 10,000/- with default imprisonment of one year. Due to poor economic condition, he is unable to deposit the fine. It has further been submitted that co-accused Jawahar Lal was also awarded the sentence of 7 years imprisonment by the same impugned judgment. His sentence has been reduced by this Court to 5 years, vide order dated 3.10.2016 and the appellant prays for the same treatment. The appellant is languishing in jail since 27.4.2012 and he has already undergone the sentence for about five years ten months.
Learned counsel for the appellant prays that keeping in view the aforesaid facts and on mercy grounds, the quantum of sentence may be reduced.
Learned A.G.A. has supported the finding of conviction but he has no objection to the prayer made.
In view of the above submission of learned counsel for the appellant, the appeal deserves to be partly allowed on the quantum of sentence.
The appeal is partly allowed on the quantum of sentence. The conviction of the appellant Jai Lal Kushwaha for the offence under section 363 I.P.C. is maintained. The sentence of imprisonment of 7 years awarded to the appellant Jai Lal Kushwaha for the offence under section 363 I.P.C. is reduced from 7 years to the period already undergone. The fine imposed is reduced to Rs. 5000/- which the appellant shall have to deposit with the learned court below before his release from jail. On depositing Rs. 5000/- as fine, the appellant shall be released from jail forthwith if not required in any other case.
Let copy of the order be transmitted to trial court for information and necessary compliance.
Order Date :- 23.2.2018 S.B.