GULPHAM @ GULLU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed by the appellant from jail against the judgment dated 3.8.2009 passed by the learned Additional Sessions Judge (Fast Track) No.1, Bhilwara in Sessions Case No.64/2008 whereby the appellant was convicted for the offence under Section 307 IPC and was sentenced to 7 years' rigorous imprisonment and to pay a fine of Rs.50,000/- and in default to further undergo two years' rigorous imprisonment.

(2.) The appellant's substantive sentence was suspended by this Court vide order dated 23.7.2010. However, the fine of Rs.50,000/- awarded to the appellant was not suspended. It is relevant to mention here that the fine amount was directed to be paid to the injured Smt.Nasiya Bano, who is none other than appellant's mother. Thereafter, vide order dated 20.11.2010 this Court altered the above order and permitted the appellant to deposit a sum of Rs.25,000/- against the fine amount and directed that the amount of Rs.25,000/- upon being deposited, be paid to the injured complainant. The appellant could not deposit the complete amount as he is a poor man and thus, the appellant's bail bonds were forfeited by this Court vide order dated 3.3.2012. The appellant was arrested and produced before this Court on 16.8.2013. He continues to remain in custody since then. The appellant thus, has suffered nearly 3 years' imprisonment out of the substantive sentence of 7 years awarded to him.

(3.) Today, a compromise application has been filed by the complainant in this Court and it has been submitted that the complainant Smt.Nasiya Bano the appellant's mother has compromised the matter with the appellant. Learned counsel for the appellant thus, submits that the appeal be decided on the quantum of sentence. He does not challenge the conviction of the appellant and prays that the sentence awarded to the appellant be reduced to the period already undergone by him. He submits that the appellant deposited a sum of Rs.10,000/- in pursuance to the order dated 20.11.2010 and therefore, the sentence already suffered by him till date would be sufficient for securing the ends of justice.