RAJU Vs. STATE OF U P

JUDGEMENT

(1.) ADDITIONAL Sessions Judge, Court No. 5, Bulandshahr convicted the present appellant Raju S/o Jagat Singh, R/o Mohalla Tar Ki Mandi, Kasba and Police Station Mogha, district Ludhiyana (Punjab) for offences under Section 452/307, I.P.C. vide his impugned judgment and order dated 21.11.2006 and sentenced him for a period of three years R.I. with fine of Rs. 500 on the first count, in default of payment of fine, appellant was directed to undergo simple imprisonment for a period of 15 days, four years R.I. with fine of Rs. 500 on the second count, under Section 307, I.P.C. and in default of payment of fine, he was directed to go 15 days further imprisonment. It was also recorded by the trial Judge that the appellant was in jail since last 15 months on the date on which he was convicted and sentenced (21.11.2006) and the said period of 15 months shall be set off from the conviction awarded by him by the impugned judgment.

(2.) AGGRIEVED by the aforesaid convictions and sentences, the appellant has preferred the present appeal.

(3.) TODAY when the appeal came up before me, it transpired that the appellant had only 22 days left for serving out for the complete sentence awarded though the impugned judgment, as he was convicted on 21.11.2006 and it was ordered that the period of sentence of fifteen months, already undergone by him, shall be set off from the said conviction of four years. The appellant was in jail since 3rd of August, 2005 in the instant crime, under remand orders and, therefore, his period of sentence shall run from the said date 3rd of August, 2005. In such a view, the appellant will undergo full term of his awarded sentence on 3rd of August, 2009 and he has to be released from jail on the said date.