SAT NARAIN Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of learned Additional Sessions Judge, Delhi dated 7.2.1978 by which the accused appellant was convicted under Section 326 Indian Penal Code and sentenced to four years imprisonment.

(2.) The facts of the case are that on 30.6.1976 at about 2.15 a.m. at Quarter No. 779, Gulabi Bagh, Delhi accused appellant caused injury to one Taipal Singh with knife. The accused was charged under Section 307 Indian Penal Code but ultimately was convicted under Section 326 IPC.

(3.) Mr. R.P. Kathuria, learned counsel for the appellant, submits that the incident had taken place about 23 years ago and the accused had already served out a part of the sentence of the imprisonment and no useful purpose will be served in sending the appellant to jail for serving out the remaining sentence primarily because of lapse of 23 years in this appeal.