ANGAD KUMAR SHARMA Vs. THE STATE

JUDGEMENT

(1.) The Trial Court handed down a verdict of guilty and convicted and sentenced the appellant Angad Kumar Sharma to undergo rigorous imprisonment for a period of ten years and to pay fine in the sum of Rs. 2,000.00 failing which he was further ordered to undergo rigorous imprisonment for two months for the offence under Sec. 304 (1) IPC.

(2.) Counsel for the petitioner does not pick up a conflict with the merits of this case. He points out that the petitioner is incarcerated in jail for the last seven years, seven months and seven days, he has earned remission to the extent of one year, one month and five days and his unexpired sentence as on 26.09.2006 was six months and 18 days as per nominal roll received by this court on 26.09.2006. He explained that unexpired portion of sentence is about four months only. The counsel for the appellant has pointed out that the appellant is a contrite sinner and in future he will follow the path of straight and narrow. He has prayed that the accused be released on the sentence already undergone.

(3.) Since the appellant has already undergone substantial portion of the sentence, therefore, I am of the considered view that the sentence already undergone by the appellant is sufficient to meet the end of the justice. The accused is accordingly sentenced. It is ordered that he be released forthwith in this case. The order passed by the lower court, stands modified to that extent. Copy of this order be sent to the Jail Superintendent who is directed to set the appellant at liberty forthwith, if he is no more required in any other case. Lower court's record be sent back with the copy of this judgment. Order accordingly.