MUMTAZ Vs. STATE

JUDGEMENT

(1.) The matter had vide proceedings dated 12.06.2018 been renotified for today in view of the CRL.A.646/2005 qua the co-convict Titu @ Irfan being listed for today. Vide a separate judgment of even date, CRL.A.646/2005 in relation to the co-convict Titu @ Irfan produced in judicial custody has been dismissed.

(2.) Arguments have been addressed on behalf of the appellant by the learned counsel for the appellant and on behalf of the State by the learned APP for the State.

(3.) The appellant in response to a specific Court query submits that he does not seek to contest the appeal on merits any more having undergone the impugned sentence awarded on 30.10.2004 in the instant case whereby he having been convicted vide the impugned judgment dated 25.10.2004 qua the commission of the offences punishable under Section 392/34 of the Indian Penal Code, 1860 and Section 397 of the Indian Penal Code, 1860 and Section 27 of the Arms Act, 1959, was sentenced to undergo Rigorous Imprisonment for a period of 5 years, to pay a fine of Rs.1, 000/- and in default of the payment of the fine to further undergo Rigorous Imprisonment for a period of 6 months qua the offence punishable under Section 392/34 of the Indian Penal Code, 1860 and was ordered to undergo Rigorous Imprisonment for a period of 7 years, to pay a fine of Rs.1, 000/- and in default of the payment of the fine to further undergo Rigorous Imprisonment for a period of 6 months qua the offence punishable under Section 397 of the Indian Penal Code, 1860 and was further ordered to undergo Rigorous Imprisonment for a period of one year, to pay a fine of Rs.500/- and in default of the payment of the fine to further undergo Rigorous Imprisonment for a period of three months qua the offence punishable under Section 27 of the Arms Act, 1959 with all the sentences having been directed to run concurrently with the benefit of provision of Section 428 of the Cr.P.C., 197