Full Judgment Text
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CASE NO.:
Appeal (crl.) 268 of 2008
PETITIONER:
Baba Jodhpuri @ Jyoti Swarup Anand
RESPONDENT:
State of Uttaranchal
DATE OF JUDGMENT: 05/02/2008
BENCH:
C.K. THAKKER & ALTAMAS KABIR
JUDGMENT:
JUDGMENT
O R D E R
(Arising out of Special Leave Petition (Crl) No.3049/2006
Leave granted.
Heard learned counsel for the parties.
The appellant herein was convicted by the trial court for an offence
punishable under Section 307 of the Indian Penal Code (IPC) and was
ordered to undergo rigorous imprisonment for three years.
Being aggrieved by the said order of conviction and sentence, the
appellant preferred an appeal and the High Court partly allowed the appeal
filed by him and converted conviction of the appellant from an offence
punishable under Section 307 IPC to Section 324 IPC and ordered to
undergo rigorous imprisonment for four months.
Notice was issued by this Court to the State. We have heard learned
counsel for the parties.
:2:
So far as conviction is concerned, in our opinion, it cannot be said that the
High Court has committed any error of law. On the question of sentence, an
affidavit is filed by the appellant herein in which it was stated that the
appellant is aged about 92 years. It was also stated as under:
\023That I am suffering from Paralysis in the left part of my
body for about last three months.
That in present day I am unable to walk and move from
my bed and I am strictly bed ridden.\024
An affidavit on behalf of the respondent State is also filed wherein it was
stated that the Deputy Superintendent of Police, Pithoragarh, Uttarachal has
checked up and the information supplied by the appellant and the affidavit
filed by him are found to be correct.
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The learned counsel for the appellant stated at the Bar that the appellant
has already undergone sentence for about five weeks. In view of the totality of
the facts and circumstances of the case, in our opinion, ends of justice would
be met if the sentence awarded to the appellant is reduced to the period
already undergone. Ordered accordingly.
:3:
The appeal is allowed to the extent above mentioned. Since the appellant
is on bail the bail bonds of the appellant shall stand discharged.