KANHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused petitioner was convicted by learned Sessions Judge, Bundi under section 304/IPC and was sentenced to imprisonment as well as a fine of Rs. 1,000.00. The accused petitioner along with others preferred appeal in this court which was partly allowed and the sentence of imprisonment awarded by the trial court was reduced to imprisonment already undergone and the fine of Rs. 1,000.00 was increased to Rs. 3,000.00 and in default of payment of fine it was further ordered that the accused-petitioner shall suffer three years further imprisonment. This court granted three months time to deposit the fine. The aforesaid judgment of this court was pronounced on 6.1.1989 and the time of three months expired on 5.4.1989. The accused petitioner appeared before the trial court on 6.6.1989 and through his advocate requested that he will deposit the fine. The trial court in its order dated 26.6.1989 ordered that the time granted by this court could not be expended by that court. The application was dismissed and as given out by the learned counsel, the accused was sent to the judicial custody.

(2.) A bare reading of Sec. 68 I.P.C. will leave no manner of doubt that the imprisonment which was imposed in default of fine shall terminate if the fine as deposited. Therefore, deposite that fine would not be deposited within three months if the accused was willing to deposit the fine of Rs. 3.000.00 the learned trial court could not have declined the same and the accused could not be sent to the judicial custody in lieu of payment of fine.

(3.) Consequently. I allow the misc. application and direct that if the accused petitioner deposits the fine he shall be released forth-with. Petition allowed.