SURAJ KUMAR JHA Vs. STATE

JUDGEMENT

(1.) HEARD Mr. Parsekar, learned Counsel for the appellant and Mr. Rivonkar, learned Public Prosecutor for respondent no.1. It is not necessary to hear respondents no.2 to 4 who are also accused in Sessions Case No.35/2009.

(2.) THIS appeal has been filed challenging the judgment and order of conviction and sentence dated 30/07/2011 passed by the Additional Sessions Judge-1, South Goa in Sessions Case No.35/2009. However, Mr. Parsekar, learned Counsel for the appellant has restricted his challenge only to the extent of sentence imposed on the appellant.

(3.) THE appellant was the accused no.3 in Sessions Case No.35/2009 in which he along with three other accused was charged for the offences punishable under Sections 353, 189, 506(i) read with Section 34 of I.P.C., Section 3 read with Section 25 of the Arms Act and Section 307 read with Section 34 of I.P.C. The appellant has been convicted and sentenced for the offence punishable under Section 506(II) of I.P.C. and acquitted of the other offences for which he was charged. According to learned Counsel, the appellant has been in custody/ jail from 13/08/2009 and having regard to the circumstances of the case, the substantive sentence imposed on the appellant be reduced to the period already undergone.