MONTY SEHGAL Vs. STATE

JUDGEMENT

(1.) The present is an appeal under section 374 (2) of the Code of Criminal Procedure, 1973 assailing the impugned judgment and order dated 14.03.2008 and 19.03.2008 convicting the appellant under section 308/34 IPC and sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs.10,000/- and in default thereof to further undergo rigorous imprisonment for nine months.

(2.) Mr. Patra, learned amicus curiae appearing on behalf of the appellant, on instructions from the latter states that the appellant does not wish to challenge his conviction on merits. However, he contends that a lenient view may be taken and the appellant may be released on the period already undergone by him.

(3.) As per the case of the prosecution, on 24.09.2003 the co-accused of the appellant is alleged to have assaulted the victim namely Abbas with palta. The allegation against the appellant is that he assaulted the victim with iron rod on his right hand and left leg. The victim is alleged to have suffered grievous injuries.