KAMLESH KUMAR GOP @ DEEPAK Vs. STATE

JUDGEMENT

(1.) THE appellant is aggrieved by the impugned judgment and order of sentence dated 30.11.2012 & 15.12.2012 respectively wherein he has been convicted for the offence under Sections 363/366/376/201/506 of the IPC as also under Section 313 read with Section 109 of the IPC. The appellant had tried along with another co -accused Rudal Mandal. The appellant before this Court is Kamlesh Kumar Gop. The sentence awarded to him was 8 years RI for the offence under Section 376 of the IPC along with a fine of Rs.5,000/ - and in default of payment of fine to undergo SI for 5 months; 6 years RI for the offence under Section 366 of the IPC coupled with a fine of Rs.4,000/ - and in default of payment of fine to undergo RI for 4 months; 5 years RI for the offence under Section 313 read with Section 109 of the IPC along with a fine of Rs.3,000/ - and in default of payment of fine to undergo SI for 3 months; for the offence under Section 363 of the IPC, he had been sentenced to undergo RI for a period of 4 years with a fine of Rs.2,000/ - and in default of payment of fine to undergo SI for 2 months; he had further been sentence to undergo RI for 2 years for the offence under Section 201 of the IPC along with a fine of Rs.1,000/ - and in default of payment of fine to undergo SI for 1 month. He had also been sentenced to undergo RI for 2 years for the offence under Section 506 of the IPC. All the sentences were to run concurrently. Benefit of Section 428 of the Cr.PC had been accorded to him.

(2.) AT the outset, learned counsel for the appellants submits that he is not challenging the appeal on its merits; he only prays for leniency of sentence; submission being that out of period of 8 years which has been ordered against him, he has already been suffered imprisonment of 6 years and 7 months which is exclusive of his remission. This submission of the appellant is borne out from his nominal roll. The appellant prays that leniency be accorded in sentence and the sentence already undergone by him may be treated as the sentence imposed upon him. It has further been submitted that the appellant has been directed to pay fine of Rs.15,000/ - for all the offences and in default of payment of fine, he has to undergo SI for 15 months. He is in financial stringency and being a labourer will not be in a position to pay the fine. Leniency in the fine is also prayed for.

(3.) SUBMISSIONS and counter submissions of the respective parties have been noticed.