GAMDOOR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment of the learned Additional Sessions Judge, Nohar dated June 16, 1980 by which the accused-appellant has been convicted under Section 324, I.P.C. and Section 27, Arms Act and sentenced to undergo rigorous imprisonment for one and a half years and to pay fine of Rs. 300 under each count and in default to - undergo rigorous imprisonment for one month and the sentences are to run concurrently.

(2.) At the outset, learned counsel for the accused-appellant contends that he does not challenge the conviction of the accused-appellant on both the counts. The occurrence took place on April 20, 1978, the accused appellant was convicted on July 16, 1980, no useful purpose will be served in sending the accused-appellant to prison, he has already undergone sentence of imprisonment for about four and a half months and, relying upon Sadulsingh v. State of Rajasthan, and Maniram v. State of Rajasthan, requests that the accused appellant may be released on the sentence already undergone.

(3.) In reply, it is contended by the learned Public Prosecutor that in the present case, the accused- appellant has repeatedly fired shots at the injured Hoshiar Singh on his vital parts. He does not deserve to be released on the sentence already undergone and he is also not entitled to get benefit under Section 360, Cr.P.C.