SURESH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order of sentence dated 24.01.2006 and 25.01.2006 respectively wherein the appellant Suresh had been convicted for the offence under Section 307/34 of the IPC and has been sentenced to undergo RI for a period of 4 years and to pay a fine of Rs.2,000/- and in default of payment of fine to undergo SI for 3 months.

(2.) Nominal roll of the appellant reflects that as on 30.06.2006, he has suffered incarceration of about 7 months and 23 days besides remission earned of 1 month and 20 days meaning thereby that he has suffered incarceration for about 9 months and 15 days; he had been granted bail on 07.08.2006. Another 1- 1/2 month accrued to his benefit meaning thereby he had suffered a total sentence of 11 months.

(3.) Learned counsel for the appellant has not really assailed the conviction. He has sought mercy for the appellant. His submission is that the appellant (present in Court) is now 28 years of age; he is married and has a two years old daughter; he has an aged father (also present in Court) who is in his early 90's and the appellant is the only bread winner of the family and no useful purpose would be served in sending him back to jail and in case he is sent back to suffer incarceration, his family will be on the verge of starvation.