RAM TEJ Vs. STATE

JUDGEMENT

(1.) Vide judgment pronounced on 18/5/2023, this Court had upheld the impugned judgment of the Trial Court dtd. 2/5/2018 convicting the appellant. Notice was also issued to the appellant as to why his sentence be not modified to a fixed term in terms of the judgment of Hon'ble Supreme Court reported as (2016) 7 SCC 1 Union of India vs. V.Sriharan. Superintendent, Tihar Jail was also directed to produce the appellant before this Court. The appellant was explained the notice. Learned counsel for the appellant took some time to address arguments.

(2.) Learned counsel for the appellant contends that the appellant is the sole bread earner of the family. He has two sons aged 10 years and 11 years. Since his parents have died, the two children who are minor are residing with their maternal grand-parents. On instructions he further states that the wife of the appellant is mentally challenged. The appellant has undergone nearly 8 years of imprisonment and is presently 38 years of age.

(3.) Heard the counsel appearing on behalf of the appellant and learned APP appearing for the State.