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Judgment
C. A. Rahiro, J.—This risvision has been preferred against the order dated 20121993 passed by the learned Additional Sessions Judge, Mahoba, district Hamirpur, rejecting the appeal preferred by the accusedpetitioner against the conviction and sentence passed by the Assistant Sessions Judge, Hamipur on 2821991 in S. T. No. 91 of 1989 under Section 307, I. P. C. The learned Assistant Sessions Judge imposed punishment to the extent of four years R. I. and fine of Rs. 500 and in default three months R. I.
There is a considerable delay in filing the application. A petition has been filed for condonation of delay. It is submitted that the accused applicant''s mother is an illiterate and old and has no knowledge about the laws of the country. No counter affidavit has been filed. The prayer for condonation of delay is accepted.
The only point that has been raised by the learned counsel is that the sentence is too severe and that he has served more than three years and six months'' out of four years imprisonment. He has also submitted that besides that the revisionist was also in custody as an undertrial prisoner and he prays for mercy.
The revisionist was sentenced on 2821991. The bail was rejected on 20121993. It has been submitted that the revisionist is all along in custody since 2821991 and suffered imprisonment for three years and six months. He was also in judicial custody as an undertrial prisoner but no copy of the ordersheet has been filed in support.
In the affidavit it has been stated that his mother is old and infirm. The revisionist is the only son of his mother who is also in great distress, considering all these circumstance I find that it is a fit case where the revision can be allowed.
The revision is, therefore, allowed in part. Let the revisionist be released forthwith as the period of sentence already undergone is more than three years and six months. The Judgment and order of the Assistant Sessions Judge dated 2821991 is modified accordingly. Let him be released forthwith from the custody.
Revision allowed partly.