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SUPREME COURT OF INDIA
ARUN MISHRA, AMITAVA ROY, JJ.
Budha Ram - Appellant
Versus
State of Rajasthan - Respondent
Criminal Appeal No. 525 of 2017
Decided On : 10-03-2017.
Sentence Reduction - Criminal Law - The court reduced the appellant's sentence to the period already undergone and directed the fine to be paid to the injured party.
Fact of the Case:
The appellant was convicted for causing serious injuries and for an offence under the Arms Act. He had already spent 8 years and 8 months in custody.
Finding of the Court:
The court found it appropriate to reduce the appellant's sentence to the period already undergone and directed the fine to be paid to the injured party. The appellant was ordered to be released forthwith.
Issues: The only question raised in this appeal was regarding the sentence awarded to the appellant.
Ratio Decidendi: In the fact and circumstances of the case, the court deemed it fit and appropriate to reduce the period of sentence to the period already undergone by the appellant and to direct the fine to be paid to the injured party.
Final Decision: The appeal was allowed to the extent of reducing the appellant's sentence and directing the fine to be paid to the injured party.
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 the above extent.
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