BAL KRISHEN Vs. STATE OF J AND K

JUDGEMENT

(1.) This Appeal is directed against the order of conviction and sentence to have been passed by the learned Sessions Judge Udhampur dated 16.5.1981, whereby the appellant/accused has been sentenced to undergo seven years rigorous imprisonment for an offence under Section 304-II Ranbir Penal Code.

(2.) A preliminary argument was raised by Mr. Goel that the appellant has faced the rigours of the trial for a longer period of about nineteen years, since 1976, and ultimately after four years of long trial he was convicted. Thereupon, he preferred an appeal before this Court in 1981 which remained pending for disposal for about 13 years. Therefore, it was argued and submitted that a lenient view be taken against the appellant.

(3.) In nutshell the accused/appellant is facing the trial for about 18/19 years and it has, according to Mr. Goel, made the appellant a pauper. He has to look after his wife and three children. He is a young man of about 40 years and in case he is ordered to undergo the remaining sentence it will spoil his whole family. According to Mr. Goel, the appellant was a friend of the deceased and in ordinary course of a scuffle between the two some organ of the deceased was hit as a result of which he died and there was no intention on his part to kill the deceased.