Pooran Lal vs State Of U.P.
2016 Latest Caselaw 5811 ALL

Citation : 2016 Latest Caselaw 5811 ALL
Judgement Date : 14 September, 2016

Allahabad High Court

Pooran Lal vs State Of U.P. on 14 September, 2016

Bench: Raghvendra Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 
Case :- CRIMINAL APPEAL No. - 413 of 2016
 
Appellant :- Pooran Lal
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Vinod Kumar Shukla,Ashish Pandey
 
Counsel for Respondent :- Govt.Advocate
 
Hon'ble Raghvendra Kumar,J.

This appeal is directed against the judgement and order dated 25.8.2014, passed by Additional Sesisns Judge, Court NO.6, Pilibhit, in S.T. No. 347 of 2013, under section 307 I.P.C. P.S. Gajraula, District Pilibhit, whereby the appellant has been convicted and sentenced under section 307 I.P.C. for five years R.I and fine of Rs.10,000/- alongwith default stipulation.

Heard learned counsel for the appellant and learned A.G.A. for the State of U.P.

Learned counsel for the appellant submits that he does not want to press the appeal on merits and submitted that the appellant is languishing in jail since 16.5.2013. The victim and accused are real bothers. P.W.1, Dilip KUmar and P.W.2, Smt. Mamta Devi have been declared hostile. The parties have also compromise outside the Court. The appellant is a poor villager and source of income is solely based on agriculture. He has no criminal antecedent to his credit. He owns the responsibility to maintain his family members. Since he is in jail, they are living in economic crises. If the appellant is released from jail, he will start earning and would be in a position to maintain his family members. Learned counsel for the appellant prays that the quantum of sentence be modified and reduced.

Learned has supported the finding of conviction.

Considering the submissions made by learned counsel for the appellant, the appeal deserves to be partly allowed.

The appeal is partly allowed on the quantum of sentence.

The findings of conviction recorded by the trial court against the accused appellant for the offence under section 307 I.P.C. are hereby affirmed and maintained. The sentence of conviction for five years awarded for the offence is reduced from five years to four years. The sentence of fine is reduced from 10,000/- to 5,000/-.

In default of payment of the amount of fine, the accused-appellant shall have to undergo simple imprisonment for one month.

The accused-appellant shall be entitled to get the benefit of section 428 Cr.P.C.

Let a copy of this order be transmitted to learned trial court for information and compliance forthwith.

Order Date :- 14.9.2016