ALAM SHAH Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal has been filed against the judgment and order dated 29.9.2003 passed by the Additional Sessions Judge/ F.T.C. No. 4, Moradabad, in S.T. No. 249 of 2001, State Vs. Alam Shah , whereby the appellant has been convicted under Sec. 307 I.P.C. and sentenced to 10 years R.I. and a fine of Rs. 12000.00 and in default of payment of fine further R.I. for two years.

(2.) For deciding this appeal it is not expedient to give the details of the prosecution case as the learned counsel for the appellant Mr. R. K. Khanna does not want to press the appeal on merits. His sole contention is that considering the gravity of the offence, length of detention of the appellant in jail and his criminal antecedent, the sentence awarded by the trial court is excessive and may be suitably reduced.

(3.) Mr. Khanna argued that the appellant is in jail right from 29.9.2003 i.e. from the date of the judgment and also remained in jail for certain period during the trial and thus, the period already undergone in jail should be treated to be the appropriate period for awarding the sentence.