BALLO SAHU Vs. STATE OF MP

JUDGEMENT

(1.) ARGUMENTS heard on merits. Shri Anil Lala does not challenge the finding of conviction of appellant, for offence punishable u/s 307 of the IPC. In judgment dated 30.10.1996, pronounced by Ilnd ASJ, Katni, in S.T. No. 496/95, this appellant Ballo Sahu is held guilty of having committed offence punishable u/s. 307 of the IPC, and for this offence, he is sentenced to undergo R.I. for a period of seven years, with a fine of Rs. 500/-. In default of payment of fine, the appellant is further ordered to undergo S.I. for a period of two months.

(2.) DURING the course of trial, the appellant was in custody since 16.6.1995 to 19.10.1995. Then afterpronouncement of judgment on 30.10.1996, the appellant was sent to jail for undergoing remaining part of the sentence. By order dated 15.2.1997, the sentence of imprisonment, imposed on the appellant was suspended and he was ordered to be released on bail. Thus, the appellant has already undergone the sentence of imprisonment for a period of more than seven and a half months. Secondly, the appellant is an illiterate labourer, who faced prosecution since 28.7.1995, therefore, it appears to be a fit case to reduce the sentence of imprisonment to the period already undergone keeping in view the injury sustained by the victim, and also this fact that the appellant has been registering his attendance, in the registry of this Court, since 27.3.1997.

(3.) THUS , this appeal stands finally disposed of. C.C. as per rules.