BIYAS MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) This appellant and the other three accused were convicted under Sections 307 and 326 and some other lesser offences of the Indian Penal Code. The High Court affirmed the conviction but reduced the sentence to imprisonment for three years. We are not inclined to interfere with the conviction as the special leave petition filed by the other three accused has been dismissed.

(3.) So far as this appellant is concerned, learned counsel submits that the appellant is now aged 90. In support of that submission he has invited our attention to a medical certificate issued by Dr. R. S. Gupta, civil Asst. Surgeon who certified that the appellant is 90 years old and is suffering from some diseases mentioned in the certificate. Learned Counsel also submitted that the appellant has undergone imprisonment in connection with this case for a period exceeding two months. Considering the age and physical condition of this appellant we do not think it expedient to put him back in jail. We adopt this case, particularly, when the special leave petition of all the other accused has been dismissed. We, therefore, reduce the sentence of the appellant to the period already undergone by him as a special case considering his very advanced age. However, the reduction of sentence is on a condition that the appellant will pay the fine imposed on him within four weeks from today, and in default of payment of fine, he will undergo simple imprisonment for three months.