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2017 Supreme(SC) 843

ARUN MISHRA, AMITAVA ROY
Budha Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocate Appeared:
For the Appellant : Mrs. Anita Sahani, (A.C.)
For the Respondents:Mr. Ajay Kapur, AAG, Mr. Anirudh Singh and Mr. Milind Kumar, Advocates.

ORDER :

Heard the learned counsel for the parties.

2. Leave granted.

3. The only question raised in this appeal is regarding the sentence awarded to the appellant by the Additional District and Sessions Judge, Fast Track, Nagaur. The appellant had been convicted for commission of offence under Section 307 IPC and sentenced to undergo 10 years of rigorous imprisonment with a fine of Rs. 10,000/- for causing serious injuries to one Ghewar Ram on his shoulder and ribs. The appellant was further convicted for offence under Section 3 read with Section 25 (1-b) (a) of the Arms Act, 1959 and sentenced to three years rigorous imprisonment and a fine of Rs. 5000/- in default to undergo six months simple imprisonment.

4. The appellant was arrested on 30.06.2008. By now, he has completed 8 years and 8 months approximately in custody.

5. In the fact and circumstances of the case, we deem it fit and appropriate to reduce the period of sentence to the period already undergone by the appellant. The fine of Rs.15,000/- deposited by the appellant shall be paid to the injured.

6. The appellant is directed to be released forthwith, if not required in any other case.

7. The appeal is, accordingly, allowed to

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