THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1156 OF 2004 DATED 8th DECEMBER, 2010. BETWEEN : Ajmera Rajaiah ..Appellant-accused and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.1156 OF 2004 JUDGMENT: This is an appeal arising out of conviction and sentence imposed on the appellant-accused in Sessions Case No.136 of 2001 by the learned Sessions Judge, Adilabad, by judgment dated 19.08.2002 wherein he convicted the accused under Section 235 (2) Cr.P.C. and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1,000/-, in default to suffer simple imprisonment for three months, for the offence punishable under Section 304 Part II of Indian Penal Code (for short ‘IPC’). The allegations against the appellant are that on 03.11.2000 at 8.00 p.m. when the deceased went behind his house, accused armed with an axe went to him and inflicted blows on his right leg, right thigh and abdomen and ran away. While undergoing treatment on 20.11.2000, the deceased succumbed to injuries. Hence, the case. In order to prove its case Prosecution got examined PWs 1 to 13 and marked Exs.P.1 to P.13 apart from MOs 1 to 6. When examined under Section 313 Cr.P.C. accused denied the incriminating circumstances read over to him and he did not choose to adduce any oral or documentary evidence on his behalf. After evaluating the entire evidence on record, the learned Sessions Judge convicted the accused as stated above. Heard. After arguing for sometime, the learned counsel for the appellant confined his arguments only to the extent of imposition of sentence and prayed this Court to show some indulgence on the appellant. He further submitted that the appellant is the sole breadwinner of his family and has to lookafter the welfare of his family members. In view of the said submission of the learned counsel for the appellant, the merits and demerits of the prosecution case and impugned judgment need not be adjudicated now. Taking into consideration the submissions of the learned counsel for the appellant and long lapse of time, this Court is of the view that some lenience can be shown towards the appellant in imposition of sentence. Accordingly, the conviction imposed by the Sessions Judge is hereby confirmed. However, the sentence of imprisonment imposed on the appellant is hereby reduced to that of that of the period already undergone by him in prison. Further, the appellant shall pay Rs.25,000/- towards fine apart from the fine amount already imposed on him by the trial Court. In default of payment of fine, appellant shall suffer simple imprisonment for one month. Fine amount now imposed shall be paid on or before 01.03.2011, which shall be paid as compensation to the wife of the deceased on proper identification by the investigating officer. On failure to deposit the fine amount, the learned trial Judge shall issue warrant against the appellant to secure his presence to undergo the default sentence. The remaining portion of the impugned judgment shall stand unchanged. With above modification, the Criminal Appeal is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 08.12.2010 sur