Hari Shankar @ Tillu vs State

S. C. Jain J.

Appellant, Hari Shanker alias Tillu was convicted by Vth Additional Sessions Judge, Hamirpur on the charge under Section 376, I. P. C. and was sentenced to undergo three years'' rigorous imprisonment. He was released on bail by this Court vide its order dated 2451979 and the appeal was admitted. When the appeal came up for hearing the appellant was not represented by any one and his counsel, Sri Vijai Bahadur Singh, did not come forward to argue the matter and as such the bail order was ordered to be recalled and the accusedappellant was ordered to be arrested and produced before this court. In pursuance of that order the appellant has been arrested and produced before this Court.

After hearing learned counsel for the appellant, Sri B. K. Shukla, Advocate and Sri K. C, Saxena, learned Additional Government Advocate, appearing for the State, as well as the appellant in person, who is present before this court in custody, it is transpired that he is a poor labour having no earning member in the family and he has been in jail for seven or eight months in connection with this matter. The appellant has only prayed for mercy and stated that a lenient view be taken in the matter. According to the learned counsel, the appellant has already undergone for seven or eight months imprisonment and he be released on the sentence already undergone.

In view of the facts explained and keeping in view the circumstances and gravity of the offence, I feel that ends of justice would be met if the appellant is released forthwith on the sentence already undergone.

I, therefore, accept the appeal in part to the extent that conviction against the appellant is confirmed but the sentence is reduced to the period of imprisonment already undergone. The appellant, Hari Shanker alias Tillu, be released from jail forthwith, if not wanted in any other case.

Let a copy of this order be given to the learned Counsel for the appellant within 48 hours as per rules and a copy of the same be also sent to the Chief Judicial Magistrate, Hamirpur for compliance.