AVTAR SINGH Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment and order dated 1.9.98 of the learned Additional Sessions Judge in Sessions Case No. 79/96 whereby the learned Additional Sessions Judge held the appellant guilty under Section 307/353 I PC and vide a separate order dated 7.9.1998 sentenced the appellant to undergo rigourous imprisonment for five years with a fine of Rs. 2000.00 under Section 307 IPC and in default of payment of fine to further undergo R.I. for three months.

(2.) Learned counsel for the appellant at the outset states that he is not in a position to challenge the order of conviction. I, therefore, confirm the order of conviction.

(3.) However, on the question of sentence, it is argued by learned counsel that the appellant has suffered actual incarceration for over a year and has been on bail since 28.10.1999. He submits that the occurrence is of 1995 and the appellant has already suffered the ordeal of trial for nearly seven years. He submits that there has been no complaint about his having belied the trust bestowed upon him by this Court. He further submits that the appellant is also not a previous convict and has by now assimilated in the mainstream of society as a useful citizen, therefore, no useful purpose would be served in requiring him to undergo the remaining portion of his sentence at this belated stage. Learned counsel for the State has no objection if the sentence of imprisonment of the appellant is reduced to the period already undergone.