SHARMA, J. - (1.) THE accused appellant has moved this criminal appeal under Section 374 of the Cr. P. C. against the order and judgment dated 2. 5. 1986 passed by the Additional Sessions Judge No. 1, Ajmer in Sessions Case No. 52/1985 (127/1982) (25/1984) convicting and sentencing the accused appellant under Section 326 of the IPC for two years' rigorous imprisonment and to pay a fine of Rs. 100/- and in default of payment of fine to further undergo 15 days ingorous imprisonment.
(2.) THE brief facts of the case are that on 11. 4. 1982, PW. 1 Amar Singh gave a parcha bayan in the police station Madanganj, in which he stated that he went to the shop of Giriraj for pan, where Munna was present and he hit him with Kulhari on his stomatch and then he inflicted injury on his head with Kulhari. He further clarified that he had enmity with Munna. Upon the said report, the police registered a case under Section 307 IPC. After investigation, the police filed a challan before the court of Munsif and Judicial Magistrate, Kishangarh for the offence under Section 307/323/326/34/114 IPC against the accused appellant Munna Lal and Giriraj. The learned Magistrate committed the case to the Court of District and Sessions Judge, Ajmer and ultimately the case was transferred to the Additional Sessions Judge No. 1, Ajmer for trial. The learned trial Court framed charges against the accused appellant Munna Lal for the offences under Section 326, 307 IPC and against Giriraj for the offence under Section 307, 326/34 and 323 IPC. The charges were read over and explained to the accused appellant, who pleaded not guilty and claimed for trial. During the course of the trial, the prosecution in its support examined as many as 11 witnesses and got exhibited some documents. Thereafter statements under Section 313 Cr. P. C. were recorded. From the defence side two witnesses were produced and some documents were got exhibited. After hearing both the parties, the learned Additional Sessions Judge No. 1, Ajmer acquitted accused Giriraj, but convicted the accused appellant Munna Lal and sentenced him as indicated hereinabove.
(3.) AGGRIEVED from the aforesaid order and judgment, the accused appellant Munna Lal has filed this appeal. In this appeal, the learned amicus curiae Mr. Hari Barath has urged to this Court that he is not challenging the conviction part of the judgment of the Court below, but he is only requesting this Court that the sentence should be reduced to a period already undergone by the accused appellant. Learned counsel Mr. Barath has urged to this Court that this incident has taken place on 11. 4. 1982, which is approximately 26 years ago from today and the accused appellant is facing trial since 29. 10. 1982, which tantamounts to a punishment. He has further urged to this Court that the age of the accused appellant is about 58 years at present and he has remained in judicial lockup for approximately 13 days. He has further drawn the attention of this Court that the accused appellant is having his family and children also and all the children are of marriageable age. He has further stated that the accused appellant is a low paid worker. In support of his arguments, he has relied upon the judgment in Ayub & Others vs. State of U. P. reported in 1994 Cri. L. J. 1219 SC, Hon'ble Apex Court held as under:-      " Penal Code (45 of 1860) S. 325- Grievous hurt-sentence- Occurrence taking place about 17 years before- Some of accused more than 76 years of age and one died- Besides some others receiving injuries-Held, it was not fit where accused should be sent back to jail- Sentence reduced to period already undergone- However, fine of Rs. 200/- was imposed on each of them in and in default they were sentenced to one month's imprisonment. " ;