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2018 DIGILAW 119 (SC)

VIJAY v. STATE OF MAHARASHTRA

2018-01-22

A.K.SIKRI, ASHOK BHUSHAN

body2018
ORDER Leave granted on the quantum of sentence. 2. The appellant herein was charged for offences punishable under Sections 307, 506 read with 34 of the Indian Penal Code (IPC). The trial Court after examining the relevant witnesses and perusing the material on record acquitted the appellant of the aforesaid charges. The State went in appeal against the said judgment. The High Court vide the impugned judgment has convicted the appellant under Section 324 IPC sentencing him to undergo six months Rigorous Imprisonment and acquitted him of all other charges. 3. Having regard to the facts and circumstances of the present case, particularly the fact that the High Court had not examined the reasoning given by the trial Court in its proper perspective, we find that the sentence awarded to the appellant can be reduced. This is more so when the submission of the learned counsel for the appellant is that the appellant would not argue on the conviction if the aforesaid course of action is adopted. He also informs that the appellant is suffering from mental depression. In view of the aforesaid, we reduce the sentence to the one already undergone. The appellant shall, accordingly, be released forthwith, if not wanted in any other case. 4. The appeal stands disposed of.