RAMJAGI SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Amit Kumar Tiwari, counsel appearing on behalf of the petitioner.

(2.) Counsel for the petitioner submits that this case has been filed challenging the legality, correctness and propriety of the judgment dated 27.09.2008 and for setting aside of the same, passed by learned Additional District & Sessions Judge, F.T.C.- II, Palamau at Daltonganj in Criminal Appeal No. 15/2006, whereby and whereunder the learned Lower Appellate Court has affirmed and upheld the order of conviction dated 24.02.2006 in G.R. Case No. 193/89, passed by learned SubDivisional Judicial Magistrate, Palamau, at Daltonganj convicting the present petitioner for one year U/s 406 of I.P.C.

(3.) Counsel for the petitioner further submits that the petitioner is confining his argument on the point of sentence. He submits that the petitioner as on date is around 77 years of age and on the date of conviction i.e. on 24.06.2006, he was 64 years of age. The counsel also submits that the petitioner has remained in custody from 26.04.1995 to 10.08.1995 at the stage of trial. Subsequently, at the stage of revision before this Court , he remained in custody from 07.11.2008 to 02.12.2008. Accordingly, the petitioner has remained in custody for a total period of 118 days. Apart from this, the petitioner must have taken one or two days for furnishing his bail bond and thus, he submits that total custody is around four months out of total period of conviction by the learned court below of one year rigorous imprisonment. The counsel further submits that a fine of Rs. 1,000/- was also imposed by way of punishment.