SHAMSHAD KHAN Vs. STATE OF MP

JUDGEMENT

(1.) This jail appeal has been directed against the judgment dated 29.7.2009, passed by Third Additional Sessions Judge, Gwalior in Sessions Trial No.157/2008, whereby the Additional Sessions Judge convicted the appellant under Section 307/34 IPC and sentenced to ten years RI with fine of Rs.1000/-. In default of payment of fine, the appellant was directed to undergo additional imprisonment of 100 days.

(2.) Learned counsel for the appellant submitted that he is not challenging the conviction imposed upon the appellant, however, he prays that since the appellant has nearly served out the sentence awarded to him, therefore, his sentence be reduced to the period already undergone by him and he be released.

(3.) Looking to the prayer made by learned counsel for the appellant, this Court does not think it necessary to detail the prosecution story so as to burden the judgment. This Court vide order dated 2.2.2017 directed to call the report with regard to the sentence served out by the appellant. The report received from the Central Jail reveals that the present appellant has served out 8 years 3 months 5 days including the remission period.