MARUTI GOVIND PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is preferred against the judgment and order dated 30. 10. 96, passed by the learned Sessions Judge, Raigad-Alibag in Sessions Case no. 162 of 1995, wherein the appellant-accused has been convicted for the offences under section 304 Part-II of I. P. C. and sentenced to suffer R. I. for 5 years and to pay a fine of Rs. 2000/-, in default, to suffer R. I. for 6 months.

(2.) HAVING gone through the record and proceedings of this case and the observations and the reasonings of the learned trial Judge. I find that the same are well-founded and there is no ground for interfering with the same. Hence, the appeal requires to be dismissed. However, having regard to the facts and circumstances of this case and it appears from the record that the appellant-accused is in jail since 12. 9. 95 and keeping in view that he might have earned the set of period available to him while in jail, the ends of justice will be met if the conviction order is maintained and the sentence is reduced to the period already undergone by the appellant-accused.

(3.) IN the result, appeal is partly allowed. The order of conviction is confirmed. The sentence of R. I. for 5 years awarded to the appellant-accused is reduced to the period already undergone by him. In case the appellant-accused has not paid the fine, the same shall be dispensed with. The appellant-accused be released forthwith if he is not required in any other case.