SUKDEV ILYASHBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal arises from the judgment and order dated 31.10.2012 passed by the learned Additional Sessions Judge, Bharuch, whereby the Court has convicted under section 304(2) of the Indian Penal Code the appellant to undergo sentence of 07 (seven)years of rigorous imprisonment and fine of Rs.20,000/ in default to undergo further period of sentence of simple imprisonment of 01(one) year. He has to further further three months of sentence of rigorous imprisonment under section 279 of the Indian Penal Code with fine of Rs.1000/ in default to undergo one month of simple imprisonment. For the offence under section 337 of the Indian Penal Code, he has been awarded rigorous imprisonment of 03(three) months and fine of Rs. 500/, in default to undergo 15 (fifteen) days of simple imprisonment. All the sentences run concurrently.

(2.) This appeal has been admitted on 5.3.2013 and was pending for final hearing. Unfortunately, the same could not be heard and for all the seven years the appellant has been in Jail. It is on his completion of 7 years of period of sentence that the appellant has chosen to deposit the amount of fine, which otherwise would entitle the authority to continue him in jail for the further period of 01 (one) year of simple imprisonment.

(3.) Mr. Hardik Shah, learned advocate appearing for the appellant has urged that his father Ilyashbhai Shitla Vasava is present. According to whom, he has been instrumental in looking after the children of the present appellant and he has no means except one acre of agricultural land. He has urged that having paid the remaining amount of fine, the applicant appellant should be released. It is further his say that he is in a poor financial condition to offer any compensation, even otherwise imposed by the Court. Learned advocate for the appellant, on instructions from the father of the appellant, has submitted that the appellant is not desirous of continuing the appeal.