VINOD JOSHI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This criminal appeal is preferred against the judgment and order dated 08.08.2006 passed by learned Sessions Judge, Pithoragarh in Sessions Trial No. 04 of 2004, whereby the appellant was convicted for the offence punishable under Section 304 (2) IPC and sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs. 5,000/-. In default of payment of fine, he shall serve further six months simple imprisonment.

(2.) Learned counsel for the appellant does not press this appeal on merits. He submits his arguments only on the quantum of sentence. Since the appellant's counsel does not challenge the conviction, this Court need not go into the merits of the case and, accordingly, the conviction for the aforementioned offence is maintained.

(3.) Learned State Counsel does not seriously object to the prayer made on behalf of the appellant. He fairly concedes that appellant has served about four years two months twenty days in the jail.