SOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 17.10.1990 passed by Sessions Judge Ajmer in Session case No. 14/1990 whereby the accused appellant was convicted under section 323 IPC and sentenced to undergo 9 months simple imprisonment and fine of Rs. 1,000/- out of which Rs. 800/- was to paid to the heirs of the deceased.

(2.) The learned counsel for the appellants has not challenged the conviction of the appellant Sohan Lal u/s.323 IPC. He has contended that the occurrence is of 27.11.89, which is of more than 29 years and the appellant faced the trial and appeal period during this period. The appellant is an old person and he is not habitual offender. It was prayed by the counsel that either the appellant should be given the benefit of the Probation of Offenders Act or he may be released for the period already undergone in confinement. The learned counsel has also stated that the accused appellant has remained in judicial custody for few days. Mr. Pradeep Shrimal, Public Prosecutor opposed the arguments raised by the learned counsel for the appellants.

(3.) I have heard the learned counsel for the parties and considered the facts and circumstances of the case. After considering all the facts and circumstances of the case, I am of the view that ends of justice would be met in case the accused appellant is sentenced to the period already undergone by him in confinement.