- (1.) B. K. Rathi, J. Appellant Indra Pal Has been convicted for the offence under Section 307 read with Section 34, I. P. C. and has been sentenced to undergo R. I. for four years and to pay a fine of Rs. 10,000/ -. He has been further convicted under Sec tion 25, Arms Act and has been sentenced to three months R. I. by judgment, dated 1-9-95. Aggrieved by the conviction and sentence, the present appeal has been preferred by the appellant from Jail.
(2.) ACCORDING to the case of the prosecution, on 12-3-94 at about 3. 00 p. m. the appellant was arrested along with other accused and from his possession a country made pistol was recovered. The other persons were also arrested. It is fur ther alleged that the appellant and other accused fired towards the police party with the intention to commit murder of the police personnel. Therefore, a case under Sections 307/34, I. P. C. and Section 25 of the Arms Act was registered. The prosecution in support of its case1 examined Kaushal Kishore Shastri S. I. and Satish Chandra P. W. 3, the wit nesses of public and other formal wit nesses, who proved the incident and arrest of the appellant. The formal evidence was also examined. The learned Additional Sessions Judge, Meerut relying on the evidence convicted and sentenced the ap pellant as above by an order dated 1-9-95. I have myself perused the evidence. I do not find any ground to disagree with the findings of the learned Additional Ses sions Judge, Meerut. The appellant could not explain as to why has been falsely im plicated in this case. The statement of Sub-Inspector has been supported by Satish Chandra, a public witness. The arrest was made within the circle of P. S. Khekhra of District Meerut. The applicant is a resi dent of J. P. S, Chandi Nagar of District Meerut. There is no explanation by the appellant as to why he was found at the place of incident.
(3.) CONSIDERING the circumstances, I maintain the conviction of the appellant. However, as regards the sentence the ap pellant is in jail since 12-3-94. He was sentenced to 4 years R. I. only and to pay a fine of Rs. 10,000/- and in default of pay ment of fine to further undergo imprison ment for three months. In the circumstances and consider ing the nature of the offence, the sentence of the appellant is modified and he is sen tenced for the period for which he has been in jail. The sentence of recovery of fine is set aside. The appellant shall be released from jail if not wanted in any other case.;