(1.) Appellant Sanjay Kumar was tried by the court of Additional Sessions Judge, Panipat, for committing the murder of Bishni wife of Chanda. The trial court, vide its judgment dated 14.6.2004 and order dated 15.6.2004, convicted the appellant under Sections 450 and 302 IPC, and sentenced him to undergo rigorous imprisonment for a period of five years and to pay a fine of ' 1,000/-, in default of payment of fine to undergo rigorous imprisonment for a period of six months, under Section 450 IPC; to undergo imprisonment for life and to pay a fine of ' 5,000/-, in default of payment of fine to undergo rigorous imprisonment for a period of one year, under Section 302 IPC. Both the sentences have been ordered to runCrl. A. No. 701-DB of 2004 -2- concurrently. Against the said judgment and order, the instant appeal has been filed by the appellant through jail.
(2.) The appellant did not move any application for suspension of sentence. But after the completion of more than ten years of sentence by the appellant, a letter was issued by the jail authorities to the Legal Services Authority to pursue the appeal, filed by him. Thereupon, the matter was taken up and an application for suspension of sentence was filed on behalf of the appellant. However, by that time, the matter had already been listed for regular hearing. Therefore, on January 28, 2011, the application for suspension of sentence was dismissed and the appeal was ordered to be taken up for hearing.
(3.) Undisputedly, till date, the appellant has undergone 10 years 3 months and 26 days of imprisonment.