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Judgment
Sujit Barman Roy, C.J.—This appeal is directed against the judgment dated 6.12.1988 passed by the learned 1st Additional Sessions Judge, Cuttack in convicting the Appellant u/s 304, Part II, IPC and sentencing him to undergo R.I. for two years in S.T. No. 182 of 1987.
Learned Government Advocate has taken me through the evidence on record. It appears from the evidence on record that while the Appellant was digging a drain for drainage of water accumulated in his house, there was some altercation and tussle between the Appellant and the deceased. At that time the Appellant assaulted the deceased at his chest with the handle of the spade with which he was digging the drain.
On perusal of the evidence on record, I find that the trial Court has rightly held the Appellant guilty u/s 304, Part II, IPC and accordingly sentenced him to suffer R.I. for two years. Soon after the occurrence the accused was arrested and was produced before the learned Judicial Magistrate on 2.5.1987. Since then he was all through in custody till 6.12.1988 when after pronouncement of the judgment by the trial Court the Appellant was released on bail. Therefore, the Appellant has already served out sentence of about one year and seven months. Since the impugned judgment was passed, about 17 years'' time has elapsed and after such long lapse of time, I think it will meet the ends of justice if the Appellant is sentenced to the period he has already undergone. Accordingly, while maintaining the conviction of the Appellant, I reduce the sentence of imprisonment to the period he has already undergone as aforesaid.
The appeal is dismissed subject to the aforesaid modification of sentence.