Ajay @ Dabbu S/O Birbal vs The State (Govt. To Nct) Delhi on 3 March, 2016

1. Challenge in this appeal is to the judgment and order on sentence dated
18.01.2012 and 31.01.2012 passed by learned Additional Sessions Judge, Delhi in SC
No.26/11 in case FIR No.32/10 under Section 308/325 IPC registered with police
station Kashmere Gate Metro vide which the appellant was convicted under Section 308
IPC and was sentenced to undergo rigorous imprisonment for a period of 5 years and
fine of Rs.10,000/- in default of payment of fine to undergo simple imprisonment for
three months.
2. At the outset, learned counsel for the appellant, under instructions from the
appellant who has been produced from jail, submits that he does not challenge the
conviction of the appellant under Section 308 IPC, however, he submits that the
appellant has undergone almost the entire period of sentence leaving behind one month.
Moreover, he, being very poor, is not in a position to pay fine as such, the default
sentence be reduced to minimum.

Source: Indian Kanoon

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