KANTARU SETHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant herein was charged for an offence punishable under section 47 (a) of the Bihar and Orissa Excise Act. The judicial magistrate, second class, behrampur found him guilty of the said charge and sentence him to undergo R. I. for a period of six months and to pay a fine of Rs. 500/- in default to undergo R. I. for one month more. On appeal, the learned sessions judge, Ganjam Behrampur while confirming the conviction, for reasons stated therein reduced the sentence.

(2.) A further revision to the High Court came to be dismissed and the appellant is before us in this appeal.

(3.) We have heard learned counsel for the parties and perused the records. In regard to the finding arrived at by the courts below as to the involvement of the appellant in the crime in question, we are in agreement in the said finding. However, it is prayed by shri J. R. Das, learned counsel appearing for the appellant, that the appellant has already undergone two months' RI and has been on bail since then. It is also submitted that the offence in question was committed as far back as on 11.5.1982 and there has also been no allegation of further involvement of the appellant on similar or any other act of crime. That being the case, he pleads that it be inappropriate to send the appellant back to jail, which may prevent him for reforming himself.