Kanwaljit Singh Ahluwalia, J. - (1.) Yogesh Kumar son of Bhaguram aged 30 years has preferred the present appeal to assail the impugned judgment dated 22.9.2017 rendered by the court of Sessions Judge, Jhunjhunu, whereby the appellant was convicted for offences under Sections 307 and 353 IPC and Section 3/25 of Arms Act. The trial Judge having convicted the appellant for the above said offences, vide a separate order of even date, sentenced the appellant has under:- U/s. 307 IPC to undergo four years RI and to pay a fine of Rs. 5,000/-, in default thereof to undergo additional six months RI. U/s. 353 IPC to undergo three months RI. U/s. 3/25 of Arms Act to undergo two years RI and to pay a fine of Rs. 1,000/-, in default thereof to undergo additional one month RI.
(2.) Aggrieved against his conviction and sentence, the appellant has filed the present appeal. Along with the appeal, an application for suspension of sentence [S.B. Cr. Misc. Application for Suspension of Sentence No. 1274/2017] was filed. A coordinate Bench on 10.11.2017 had directed the learned Public Prosecutor to obtain report regarding antecedents of the accused appellant. The said report was not filed by the learned Public Prosecutor on 27.11.2017 and hence, on 20.12.2017, application for suspension of sentence was decided by passing the following order:- "In pursuance of the order dated 10.11.2017 passed by the coordinate Bench and order dated 18.12.2017 passed by this Court, the learned Public Prosecutor has placed on record the report regarding antecedents of the appellant. As per the said report, the applicant is involved in nine cases. In view of antecedents of the applicant, the application for suspension of sentence is rejected. Since the trial court has imposed sentence of four years upon the applicant, the Registry is directed to list the appeal for hearing on 2.1.2018, high up in the list."
(3.) Since the maximum sentence awarded upon the appellant was four years, and as per counsel, the appellant had undergone one year two months and six days, therefore, the appeal itself is taken on board.;