(1.) By this appeal the Appellant/State is seeking enhancement of sentence awarded to the respondent. The respondent was prosecuted for an offence punishable under Sec. 302 of the Indian Penal Code (IPC, for short), before the learned Additional Sessions Judge, Panaji in Sessions Case No.40 of 2012 on the allegation that on 25/07/2012 at about 23.00 hours at Saliswado, Parra, Bardez Goa, he committed the murder of his wife Geeta Rathod, by assaulting her with knife.
(2.) The learned Sessions Judge by the Judgment and Order dtd. 18/08/2016 convicted the respondent for the offence punishable under Sec. 304 Part I of IPC and sentenced the respondent to undergo simple imprisonment for five years and to pay a compensation of Rs.5,000.00 to his daughter Sanjana Rathod and in default thereof to undergo simple imprisonment for two months.
(3.) It is a matter of record that the respondent has served his sentence and has since been released from custody.