SANJAY Vs. STATE

JUDGEMENT

(1.) Impugned judgment of 12th September, 2017 holds appellant guilty of offence under Section 308 (Part-II) of IPC and vide order of 13th September, 2017 appellant has been sentenced to undergo rigorous imprisonment for a period of 3 years with a fine of Rs. 10,000/- with default clause. By way of this appeal appellant seeks setting aside of conviction and sentenced awarded by the trial court.

(2.) With the consent of both the sides, this appeal is taken up for final hearing. The facts already noticed in the impugned judgment of 12th September, 2017 are not required to be recapitulated. Upon hearing, I find that findings of the trial court are borne out from the evidence on record.

(3.) On the quantum of sentence, learned counsel for the appellant submits that appellant is not a previous convict and was aged about 22 years when the incident had taken place and that appellant has already remained behind bars for about 2 years and so, the sentence awarded to appellant deserves to be reduced to the period already undergone by him.