(1.) IN judgment dated 26.4.2002, pronounced by Sessions Judge, Damoh, in S.T. No. 85/2000, the appellant 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 ten years and to pay a fine of Rs. 1,000/-. In default of payment of fine, the appellant is further sentenced to undergo R.I. for a period of three months.
(2.) DURING the course of trial, the appellant was in custody since 16.10.99 to 25.11.99 Then he is suffering the sentence of imprisonment since date of judgment. Thus, the appellant has already undergone the sentence of imprisonment for a period over one year and three and a half month. At the time of commission of the offence, the appellant was aged about 20 years.. Then, he is an uneducated labourer coming from a rural area. On careful consideration of record of S.T. No. 85/2000 specially, the genesis of the crime it appears to be just and proper that the sentence of imprisonment imposed on the appellant is reduced to the period already undergone.