1 cr-apeal-1389-04 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPEALNO. 1389 OF 2004 Raju Madhuray Babure ] Aged about 39 years, ] Occ: Tailor, ] R/o Mahatma Gandhi Chawl ] Vadaripada, Hanuman Nagar ] Kandivali (E) Mumbai-400101 ]..Appellant [Ori.Accused no.1] Vs. The State of Maharashtra ] At the instance of Kandivali ] (E) Police Station, ] C.R.No. 269 of 1994) ]..Respondent [Ori.Complainant] .... Smt. Nasreen Ayubi Adv. appointed for Appellant Mr. J.P.Kharge APP for State .... CORAM : SMT.V.K.TAHILRAMANI, J. DATE : AUGUST 27, 2010 ORAL JUDGMENT: 1 Heard the learned advocate for the appellant and the learned APP for the State. 2 cr-apeal-1389-04 2 The appellant has challenged the judgment and order dated 30th September, 2003 passed by the learned Addl. Sessions Judge, for Greater Mumbai in Sessions Case No. 111 of 1995. By the said judgment and order, the appellant was convicted for the offence under Section 304-II & 498A of IPC. For the offence under Section 304 part II, he was sentenced to RI for ten years. For the offence under Section 498-A of IPC, he was sentenced to RI for one year and to pay a fine of Rs.5,000/- in default RI for three months. The learned Judge directed that all substantive sentences shall run concurrently. 3 The learned advocate for the appellant submitted that she does not wish to make any submissions on merits but she is limiting her submissions only to the quantum of punishment imposed on the appellant. Ms. Ayubi prayed that the maximum period of imprisonment imposed on the appellant is 10 years. She stated that as of today, the appellant has undergone imprisonment of 9 years and 8 months. She prayed that the period of imprisonment be reduced from ten years for the offence under Section 304-II to 9 years and six months. Learned APP on instructions states that the appellant is not a member of any gang and during the period that he was in prison, he was released on furlough on two occasions and he has reported back in time. The report received 3 cr-apeal-1389-04 from the central prison Kolhapur shows that the conduct of the appellant in jail has been good. In this view of the matter, I am inclined to reduce the sentence of imprisonment. Hence, the following order: ORDER 1) The judgment and order of conviction under Sections 304-II and 498-A of IPC dated 30.9.2010 passed by the learned Addl. Sessions Judge, Gr. Mumbai in Sessions Case No. 111 of 1995, is confirmed. 2) The sentence of imprisonment of 10 years imposed on the appellant under Section 304-II of IPC is reduced to 9 years and six months. So also, the in default sentence on the appellant under Section 498-A of IPC is reduced to one month SI. 3) The appellant be released forthwith if not required in any other case. 4) Appeal partly allowed. 5) Office to communicate this order to the appellant who is in jail. 6) Legal fees of Advocate Ms. Ayubi be paid as per Rules. [ SMT. V.K.TAHILRAMANI, J.]