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Judgment
Mr. Mandhata Singh, J.—Heard learned counsel for the Appellant and learned counsel for the State.
This appeal is filed against the Judgment and Order dated 7th December, 2007 passed in Sessions Trial No. 194 of 1994/62 of 2007 by the Additional Sessions Judge, Fast Track Court No.1, Bhagalpur whereby and whereunder appellant has been convicted for offence under Sections 307/34 and 323/34 of the I.P.C.
Prosecution case initiated on fardbeyan of P.W.3 is that he came out of his house after hearing the sound of cutting of Johal Tree from his orchard and found appellant engaged in cutting. He objected the act upon which he was assaulted by him. His wife P.W.6 came to save him she also was assaulted by the appellant on her head. Rest of the accused also came and caused injuries in different ways by pelting brickbat.
Trial ended in conviction of all and sentence to the appellant for the offence under Sections 307 and 323/34 of the I.P.C. for a period of 7 years and 6 month to run concurrently.
Stress is only on the point of sentence that the period undergone may be taken towards sentence. It is made clear that the appellant remained in custody for a period of more than 5 years.
Submission of learned counsel for the appellant is that quarrel, if any, cropped up for claim of the parties over the disputed tree. Injuries, if any, are caused by means of hard and blunt substance and the total period for which appellant remained in custody is more than about 5 years without any remission. So, it is in interest of justice to observe that the period undergone by the appellant is sufficient towards his punishment.
I agree with the submission of learned counsel for the appellant.
In the result, this appeal is partly allowed on the point of sentence only and that is minimized to the period undergone by the appellant during the pendency of the case and the Judgment of conviction passed by the Addl. Sessions Judge, F.T.C. No.1, Bhagalpur in Sessions Trial No. 194 of 1994/62 of 2007 is hereby affirmed.
Accordingly, above named appellant is directed to be released immediately from the custody if not wanted in any other case.