JAGDISH KATANA Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment and order dated 9.11.1998 of the learned Special Judge in ECA No. 33/97 whereby the learned Judge held the appellants guilty under Section 7 of the E.G. Act and further vide a separate order sentenced the appellants to undergo rigorous imprisonment for six months with a fine of Rs. 25000.00 each and in default of payment of fine to further undergo S.I. for three months each. 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.

(2.) However, on the question of sentence, it is argued by the learned counsel that the appellants have suffered three months actual incarceration and has been on bail since 16.2.1999. He submits that the occurrence is of 2.1.1997 and the appellants have already suffered the ordeal of trial for five years. He submits that there has been no complaint about their having belied the trust bestowed upon them by this Court. He further submits that the appellants are also not previous convicts and have by now assimilated in the mainstream of society as useful citizens, therefore, no useful purpose would be served in requiring them to undergo the remaining portion of their sentence at this belated stage. Learned counsel for the State has no objection if the sentence of imprisonment of the appellants is reduced to that already undergone.

(3.) Having heard learned counsel for the parties and in view of what has been stated by learned counsel for the State, I am of the view that the ends of justice would be met if the sentence of imprisonment of the appellants is reduced to the period already undergone. I order accordingly. With this modification, Criminal Appeal No. 526/98 is disposed of.