VIJAY KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THIS appeal under Section 374(2) Cr.P.C has been preferred by the appellant assailing the judgment and order on the point of sentence passed by learned ASJ, Delhi on 17th August 2008 convicting appellant under Section 394 IPC and Section 25 of Arms Act. The appellant was sentenced to 7 years imprisonment under Section 394 IPC and two years imprisonment under Section 25 of Arms Act.

(2.) THE counsel for the appellant Vijay Kumar submits that the appellant is not assailing his conviction and he only prays for modification /reduction on sentence. THE appellant has already undergone more than 6 years of sentence as awarded to him and this should be considered as sufficient punishment.

(3.) UNDER these circumstances, I consider that it is a fit case where the sentence of the appellant should be modified and the sentence of the appellant is modified to the extent that the appellant is sentenced to undergo sentence to six years and three months imprisonment instead of seven years and the fine, as imposed by the learned Sessions Judge.