JUDGMENT 1. - The appellant has preferred this appeal against the judgment dated 15.1.2009 passed by Additional Sessions Judge (Fast Track) No.1, Ajmer in Sessions Case No.58/2008 whereby the accused-appellant has been convicted and sentenced as under : Under Section Sentence 304-I IPC 498-A IPC Ten years rigorous imprisonment with a fine of L 1000/- in default of payment of fine to further undergo 3 months simple imprisonment. Two years rigorous imprisonment with a fine of L 500/- in default of payment of fine to further undergo one month's simple imprisonment. 2. The learned trial Court ordered that both the sentences shall run concurrently. 3. Being aggrieved by the conviction and sentence awarded by the trial Court, the appellant has filed the appeal under Section 374 Cr.P.C. 4. Learned counsel for the appellant submits that having served the substantial part of the sentence awarded for the offence punishable under Section 304-I IPC, now the appellant does not want to challenge his conviction. Learned counsel further submits that the appellant has already served/undergone the period of about six years as against the sentence of ten years awarded by the trial Court. Learned counsel prays that the sentence awarded for the offence under Section 304-I IPC may be reduced/modified to some other reasonable sentence. 5. Heard the learned counsel for the parties and perused the judgment and order of the trial Court. 6. As submitted, the conviction of the appellant is thus, maintained and the appeal filed by the appellant to that extent is, hereby, dismissed. So far as the sentence part of the judgment is concerned, it is a fact that the appellant is in custody for about six years and there is no material on record that the appellant is involved in any other offence and also looking to the fact that for offence under Section 304-I IPC, he has been sentenced for rigorous imprisonment of ten years, I am of the considered view that it would serve the interest/ends of justice if the prayer made on behalf of the appellant is accepted. Thus, the sentence imposed upon the accused appellant-Kishan S/o Prabhati Lal for the offence under Section 304-I IPC is reduced and modified from ten years rigorous imprisonment to the sentence of rigorous imprisonment of seven years. The rest of the sentence awarded by the trial Court is confirmed. 7.
Thus, the sentence imposed upon the accused appellant-Kishan S/o Prabhati Lal for the offence under Section 304-I IPC is reduced and modified from ten years rigorous imprisonment to the sentence of rigorous imprisonment of seven years. The rest of the sentence awarded by the trial Court is confirmed. 7. With this modification as aforesaid, the appeal to that extent is partly allowed and stands disposed of as such. *******