PRAMOD SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) PRESENT criminal appeal has been preferred by the appellant being aggrieved against the judgment and order dated 09.12.2010, passed by learned Sessions Judge, Pauri Garhwal, whereby the appellant was convicted for the offences punishable under Sections 307, 498A, 309 IPC. Appellant was sentenced to undergo seven years rigorous imprisonment alongwith a fine of Rs. 50,000/ - under Section 307 IPC, rigorous imprisonment for a period of one year alongwith a fine of Rs. 5,000/ - under Section 498A IPC and rigorous imprisonment for three months under Section 309 IPC.

(2.) AT the very outset, learned counsel for the appellant submitted that the appellant has already undergone the sentence, which was awarded to him by the trial court. Learned counsel for the appellant further submitted that only the amount of fine has to be deposited. The appellant, according to learned counsel, is not in a position to deposit the fine of Rs. 55,000/ - and, therefore, the only prayer made by learned counsel for the appellant is that the amount of fine may be reduced, to enable the appellant to get out of the jail, after serving the substantive sentence awarded to him.

(3.) NO other point is pressed, besides the above. Learned Dy. Advocate General submitted that so far as the merits of the case are concerned, offences punishable under Sections 307, 498A, 309 IPC are proved against the appellant beyond a shadow of reasonable doubt.