Allahabad High Court
Nekpal vs State Of U.P. on 15 February, 2023
Bench: Om Prakash Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 90
Case :- CRIMINAL APPEAL No. - 976 of 2023
Appellant :- Nekpal
Respondent :- State of U.P.
Counsel for Appellant :- Anuj Bajpai
Counsel for Respondent :- G.A.
Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for appellant, learned A.G.A. for State and perused the impugned judgment.
This criminal appeal has been preferred against the judgment and order dated 04.01.2023 passed by learned Sessions Judge, District- Pilibhit in Session Trial No. 244/2019 (State Vs. Nekpal) Crime No. 240/2019, under Section 304 II I.P.C., P.S.- Gajroula, District- Pilibhit, whereby appellant has been convicted for four years rigorous imprisonment and fine of Rs. 10,000/- in default of payment of fine further one month imprisonment.
Since argument has been advanced and confined to the point of quantum of sentence, details of entire facts need not be elaborated here. As same have been detailed in the judgment of the trial court. Relevant facts are being narrated for purpose of understanding the case.
The case of prosecution in nut shell is that appellant was married with Sunita Devi ten years back from the date of incident. Husband, mother-in-law and both brothers demanded dowry from the daughter of complainant and harass her and committed 'maar-peet' at several times. On 29.06.2019 in between 1:00 a.m. to 02:00 a.m. mother-in-law, husband and two brothers closed the daughter in a room and committed 'maar-peet' with 'lathi-danda' and complainant's daughter received serious injuries. She was carried in the hospital at Gajraula but during treatment she died. Witnesses have been examined and after conclusion of the evidence trial court held appellant guilty for offence under Section 304 II I.P.C., on the basis of cogent and reliable evidence appellant has been acquitted under Sections 498-A I.P.C. and Section 4 D.P. Act.
Before this Court, learned counsel for appellant has not challenged the conviction so conviction of the appellant under Section 304 II I.P.C. Act is maintained.
The main submission is that appellant is in jail since 04.01.2023 after conviction and he was in jail during trial. Custody certificate issued by District Jail, Pilibhit issued on 06.01.2023 shows that appellant- Nekpal served out 03 years 08 months at present with remission and further submitted that sentence of appellant be reduced to sentence undergone. Applicant is poor and he has no criminal history.
Total sentence of appellant is four years out of which he had served out 03 years 08 months. This sentence would suffice the end of justice and sentence of the appellant is reduced to sentence already undergone by the appellant in place of 04 years.
So far as fine is concerned, appellant has been awarded fine of Rs. 10,000/- and the same shall be paid by appellant. In default of payment of fine one month simple imprisonment would suffice the end of justice. Impugned order stands modified to the above extent.
Office is directed to communicate this order to court concerned to ensure compliance. Lower court record be remitted back to the court concerned forthwith, if received.
Judgment be certified and be placed on trial court record.
Recovered material exhibits be disposed of as per law and rules.
In the result, the instant criminal appeal is partly allowed.
Consign.
Order Date :- 15.2.2023
Sharad/-
