SOBRAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Anuj Kumar Gupta, learned counsel for the appellant, learned A.G.A. for the State and perused the record.

(2.) This appeal has been preferred against the judgment and order of conviction dated 19.02.2015, passed by Additional Sessions Judge, Chandausi, Moradabad (now Sambhal), in Sessions Trial No. 169 of 2006, arising out of Case Crime No. 159 of 2001, under Section 307 I.P.C., Police Station Kud Fatehgarh, District Moradabad, (now Sambhal), whereby the accused-appellant was convicted and sentenced for a period of ten years rigorous imprisonment along with fine of Rs. 20,000/- under Section 307 I.P.C. and in default of fine one year additional imprisonment.

(3.) At the very outset, learned counsel for the appellant has submitted that he does not want to press the bail application and he would like to argue the case on the quantum of sentence and has submitted that the accused-appellant has been convicted maximum for the period of ten years rigorous imprisonment and from the last about five years, he has been in jail, which is sufficient in the facts and circumstances of the case, therefore, he has requested that either the accused-appellant should be released on undergone or substantial reduction in sentence may be made. He has further submitted that the whole case is based on enmity and the fire arm injury has been caused on non vital part of the injured person.