1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 720 OF 2008 Deepak @ Zamya Chimaji Kharat ... Appellant Vs. The State of Maharashtra. ... Respondent Mrs. Pooja Bhojane i/b Mr. Pradip Rajput for the appellant. Mr. J.P. Kharge APP for the respondent State. CORAM : MRS. MRIDULA BHATKAR, J. Dated :- 18th September, 2009. PC : 01. Appeal is filed against the conviction order dated 22.05.08 of the Additional Sessions Judge, Greater Bombay. The accused was punished for the offence punishable under Section 307 of the Indian Penal Code and sentenced to suffer R.I. for 5 years and to pay fine of Rs.1,000/- in default R.I. for 3 months. On submission made by the learned counsel for the appellant that the appellant is not pressing the appeal against the conviction but restricts the argument only on the point of the quantum of sentence, the appeal is 2 finally heard. 02. Learned counsel appearing for the original complainant has filed an affidavit of the original complainant disclosing that he has no objection if sentence is reduced. Learned APP submits to the order of the Court. 03. The appellant accused till now has undergone the 19 months of his sentence. The incident has taken place when the accused and the complainant were playing cricket. There is no criminal antecedent to the credit of the accused. Considering the submissions and the facts and circumstances of the case, the sentence is reduced as follows. (a) Judgment of conviction is confirmed. (b) Sentence of 5 years is reduced. The appellant accused is convicted for the period of sentence already undergone and order of fine of Rs.1,000/- in default three months R.I. Appeal is disposed of. (MRIDULA BHATKAR, J.) 3