Devendra Singh vs State of Rajasthan

Shiv Kumar Sharma, J.—Challenge in this appeal is to the Judgment dated April 24, 2002 of learned Additional Sessions Judge (Fast Track) No. 3, Bharatpur, whereby the appellant was convicted u/s 307 IPC and sentenced to suffer rigorous imprisonment for seven years and fine of Rs. 2000/-, in default to further suffer simple imprisonment for six months.

I have learned Counsel for the appellant as well as learned public prosecutor and scanned the material on record.

I have no doubt that the appellant was rightly convicted u/s 307 IPC. Reasons given by learned trial Judge are cogent and valid and I do not see any ground to differ from them. I therefore maintain the conviction of appellant u/s 307 IPC. But so far as the sentence is concerned, I find that Mahesh (PW. 2) sustain injuries on non vital parts of his body. The appellant was arrested on January 22, 2002 and has remained in custody for a period of more than five years.

3.1. It is contended by learned Counsel for the appellant that since the injured Mahesh (P.W. 2) received injuries on non vital parts of his body the sentence of appellant may be reduced. Reliance is placed on AIR 1980 1758 (SC) , wherein the Apex court considering the nature of injuries reduced the sentence from ten years to five years. In the case on hand, as already noticed that the injured received injuries on non vital parts of his body, I find it a fit case to reduce the sentence awarded to appellant.

I accordingly allow the appeal in part and while upholding the conviction of appellant u/s 307 IPC, I reduce the sentence of appellant from seven years to five years. The appellant Devendra Singh, who has already been remained in custody for more than 5 years and still in confinement, shall be set at liberty forthwith, if not required to be detained in any other case.