Cri-Appeal-1191-07.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPEAL NO. 1191OF 2007 Dhanaji Bhanudas Sabale, ) aged 55 years, resident of Shivthar, ) Tal. & Dist. Satara, presently lodged in ) Kolhapur Central Prison, Kalamba, ) Kolhapur – 416 007. ).. Appellant/accused vs. State of Maharashtra .. Respondents Mr. A.G.Toraskar, Appointed Advocate, for the appellant. Mrs. P.P.Shinde, APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 27th September, 2011. JUDGMENT: 1. Heard the learned Counsel for the parties. 2. The accused/appellant has preferred this Appeal against the order of conviction for the offence under Section 307 of IPC and sentence of R.I. for seven years with fine of Rs.10,000/- in default to undergo further R.I. for one year in Sessions Case No.27 of 2006, passed by the Addl. Sessions Judge, Satara. 3. As per the report received from the Superintendent, Kolhapur Central Cri-Appeal-1191-07.sxw Jail, the accused has already undergone sentence of 7 years 1 month and 21 days inclusive of the custody during trial and the remission as per rules. Thus, he has already completed substantive sentence of seven years R.I. And now he is in jail to undergo the sentence in default to pay fine. In view of these circumstances, the learned Counsel for the appellant does not want to press the appeal on merits, but contends that the accused, being poor, is unable to pay the fine amount and because of that he will have to remain in jail for one year. He prayed that the sentence of imprisonment in default to pay fine may be suitably reduced. The learned APP has no objection to pass appropriate order. 4. Taking into consideration the facts and circumstances of the case and the fact that the appellant has already undergone substantive sentence of seven years for the offence under Section 307 of IPC, in my opinion, the imprisonment of two months in jail in default to pay fine would be just and sufficient to meet the ends of justice. 5. Therefore, the Appeal is partly allowed. While the order of conviction is maintained, the order to the extent of sentence stands modified and the accused is sentenced to undergo R.I. for seven years and to pay fine of Rs.10,000/- and in default to pay fine, to undergo R.I. for two months. Appeal disposed of Cri-Appeal-1191-07.sxw accordingly. The order be communicated to the Kolhapur Central Prison, immediately. (J.H.BHATIA,J.) Cri-Appeal-1191-07.sxw