SURENDER ALIAS SUNDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellant was convicted for an offence under Section 398 of the Indian Penal Code (`IPC' for short) and under Section 25 of the Arms Act,1959 vide judgment dated 14.9.2004 passed by the Additional Sessions Judge, Hisar. Vide order dated 15.9.2004, the Additional Sessions Judge Hisar sentenced him to undergo rigorous imprisonment for a period of ten years for the offence under Section 398 IPC and to undergo rigorous imprisonment for two years and also to pay a sum of Rs.2000/- as fine and in default thereof to further undergo simple imprisonment for a period of two months for the offence under Section 25 of the Arms Act, 1959. The substantive sentence of imprisonment were ordered to run concurrently. Hence, the present appeal by the appellant- Surender @ Sunder. The brief facts of the case, as noticed by the Additional Sessions Judge, in paras 2 to 4 of its judgment, are as under:-

(2.) Learned counsel for the appellant, during the course of arguments, has not challenged the conviction of the appellant under Section 398 IPC but has submitted that the appellant is in custody since 1.6.2003 and sentence qua imprisonment of the appellant may be reduced to already undergone by him.

(3.) Accordingly, keeping in view the fact that the appellant, who was sentenced to undergo rigorous imprisonment for ten years under Section 398 IPC and is in custody since 1.6.2003, it is a fit case where the sentence qua imprisonment is liable to be reduced to already undergone by the appellant.