Chulhai Das vs State of Bihar

Mr. Akhilesh Chandra, J.(Oral)—Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

The solitary appellant has preferred this appeal against his conviction for the offences under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 2000/-, in default, further to undergo simple imprisonment for six months and half of the amount so deposited is to be paid to the injured informant, as awarded on 12th June 2002, by Additional Sessions Judge, Fast Track Court � II, Sitamarhi, in connection with Session Trial No. 157/93/30/2002.

After some arguments, learned counsel for the appellant chosen not to challenge the conviction but confined his submission on the point of sentence mainly on the ground of mental agony, financial losses etc. apart from detention at pre and post conviction for about three months at the age of 43 years at the time of judgment. Now, he is about 55 years of age.

Learned Additional Public Prosecutor while considering the submission stated above some more compensation to the injured informant who though has suffered injury due to single blow of Lathi said to have been given by the appellant.

Having regard to the facts and circumstances, subject to deposit of Rs. 4000/- (four thousand) within three months, sentence is reduced as undergone. On such deposit, entire amount shall go to the injured informant. Accordingly, with the above modification in sentence, this appeal is hereby dismissed.

Let the lower court records be sent back to the court below forthwith.