RAJKUMAR UIKE Vs. STATE OF M. P.

JUDGEMENT

(1.) This present appeal under Section 374(2) of the Cr.P.C has been preferred against the judgment dated 25/02/2016 passed by Special Judge (Atrocities) and Additional Sessions Judge, Hosangabad (M.P.) in Special Sessions Trial No. 391/2013, whereby the appellant has been convicted under sections 452 and 307/34 of the IPC and sentenced to undergo three years RI with fine of Rs. 1000/-, in default to suffer additional R.I for one month and seven years RI with fine of Rs. 5,000/-, in default to suffer additional R.I for one year respectively with the direction that the custodial sentences shall run concurrently.

(2.) Learned counsel for the appellant at the outset submitted that appellant has already suffered the impugned custodial sentence but owing to his adverse financial condition, he is not in a position to pay the fine amount of Rs. 6000/- as awarded by the Trial Court and is still languishing in jail. The appellant could not prefer the appeal after conviction due to financial restraints. The same could be filed after more than five years after conviction. In such circumstances, since, he has already suffered the custodial sentence, the fine amount may be waived off and appellant be released while maintaining conviction.

(3.) On the other hand, learned Panel Lawyer has not disputed the position, as contended by counsel for the appellant.