RAMESH Vs. STATE OF M.P.

JUDGEMENT

(1.) SINGLE point submission of Shri Ahadulla Usmani, the learned counsel for the appellant, on the strength of the dictum of the Apex Court in the case of Bawa Singh v. State of Punjab, reported in AIR 1993 SC 292, is that in the facts arid circumstances of the present case, the sentence of R.I. for 5 years, awarded by the trial Court, on the appellant's conviction, under section 304 -II, I.P.C., may be reduced to the period already undergone by the appellant, with remission, which is more than 3 years. Appellant Ramesh in the charge -sheet filed against him in the year 1986, was shown to be 20 years of age. The trial Court has found him guilty of commission of the offence, punishable under section 304 -II, I.P.C. and has sentenced him to R.I. for 5 years. Appellant Ramesh after his conviction was sent to jail on 1.10.1988 and was released on bail, on 3.5.91, in pursuance to the order of grant of his bail, passed by this Court on 13.3.1991. As such had remained in jail for a period of 2 years and 7 months. During this period he must have earned remission of about 5 -6 months. During trial also, he remained in jail for a period of more than 3 months. As such, appellant Ramesh has already remained in jail for a period of more than 3 years. On a cumulative consideration of the facts and circumstances of the present case; the young age of the appellant at the time of commission of the offence; the fact that a period of about 12 years has already elapsed since the commission of the offence in the year 1986; and that the appellant has already remained in jail for a period of more than 3 years, this Court deem it rather harsh to send the appellant back to jail after 12 years for serving out the balance of jail sentence, awarded by the trial Court. In the opinion of this Court, the jail sentence, already undergone by the appellant, would be the sufficient punishment for the offence, found proved against him and would meet the ends of justice.