BANSILAL Vs. STATE OF M.P.

JUDGEMENT

(1.) The appeal preferred under section 374 (2) of the Code of Criminal Procedure, 1973 (for short 'the Code') has been filed by the appellant against the judgment dated 13/04/2006, passed by the learned XIII Additional Sessions Judge, Indore, in Session Trial No.126/2005, whereby, convicting the appellant - Bansilal under Sec. 307 of Penal Code and sentenced to 4 years Rigorous Imprisonment with fine of Rs. 5000.00 and, in lieu of payment of fine to undergo 6 months RI and under Sec. 498A of IPC, sentenced to 2 years RI with fine of Rs. 5,000.00 and, in lieu of payment of fine, to undergo further RI of 6 months.

(2.) As per prosecution story, the marriage of deceased - Pinki took place with the appellant/accused on on 24/05/2002. After marriage, there was frequent of demand of dowry from the deceased by the present appellant and his family members and she was subjected to cruelty by the accused persons. It is alleged that on 28/09/2004 the appellant along with his family members poured kerosene oil over the deceased(Pinki) and set her on fire. On the basis of the aforesaid, the alleged crime was registered against the present applicant.

(3.) The appellant has preferred this appeal on several grounds, but during course of arguments, learned counsel for the appellant submitted that he does not want to press the appeal on merits. Her only contention is that the sentence of the appellant be reduced to the period already undergone. It is submitted that the appellant is first offender and has no criminal antecedents. Neither prior to the alleged incident nor thereafter any criminal case is ever registered against him. During trial the appellant was in custody for 20 days (w.e.f. 3.02.2003 to 22.02.2003 and during pendency of the of the appeal he was in custody for 21 days that is appellant was in custody for a period of approx 43 days, out of the total sentence awarded to him, therefore, his jail term be reduced to the period already undergone, specially keeping in view the long pendency of the appeal since 2006.