MATA PRASAD Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is a jail appeal filed by the accused -appellant against the judgment and order of conviction passed in S.T.No.162/88 by the Sessions Judge, Ambikapur on 6.9.1989, convicting and sentencing the appellant under section 304 Part -I,I.P.C.to suffer rigorous imprisonment for a period of five years. Learned counsel for the appellant argues only on the point of sentence. The submission of the learned counsel is that the judgment in this case was delivered in the year 1989 and the appellant, after remission in the period of sentence, must have completed the period of sentence passed against him. In any case, in the facts and circumstances of the case, the appellant deserves to be released on the period already undergone.

(2.) While going through the record, I find that the appellant is in jail since 21.9.1987. He was not granted any bail during trial. Looking to the facts and circumstances of the case, and also the age of the accused, it was not found fit by the trial Court to convict the accused -appellant under section 302 I.P.C. Instead, the appellant was convicted under section 304 Part -l, I.P.C. and sentenced to suffer rigorous imprisonment for five years. Counting the period of his sentence from 21.9.1987 and the period of remission permitted in law, he must have already completed the period of sentence. Looking to the facts and circumstances of the case, it is ordered that the appellant beset it liberty forthwith, if not required in any other case on the period already undergone.