Crl.A. 134/2008 BEFORE THE HON’BLE MR JUSTICE P.K. MUSAHARY Heard Mr. B.D. Konwar, learned counsel for the appellant. Also heard Mr. K. Mun ir, learned Addl. P.P. Assam. This appeal is preferred u/s. 374 (2) of the Cr.P.C., 1973 against the judgment and order dated 11.10.2007 rendered by the Additional Sessions Judge, (FTC), Hoj ai, Sankardev Nagar in Sessions No. 343(N)/2006 convicting the accused persons, including the present appellant u/s. 307/34 IPC and sentencing them to undergo R I for 5 years and fine of Rs. 2,000/- each in default further S.I. for 60 days. Out of two convict persons, present appellant is before this Court by filing the present appeal. Mr. Konwar, learned counsel for the appellant submits that he would not question the conviction as awarded by the learned Trial Court in the impunged judgment. However, he submits that the sentence may be reduced/ converted to the period al ready undergone which would serve ends of justice as he has served sentence for a period of 3 (three) years 8 (eight) months 3 (three) days as on today against the total sentence of 5 years RI. Moreover, he submits that the convict appellan t has lost his wife on 27.11.2010. I have perused the LCR containing the documentary as well as oral evidence. Ther e is no record to show that the convict appellant has got any criminal track in past. He was about 50 years old at the time when he was examined by the Court u /s 313 Cr.P.C. and he is now 54 years. Moreover he has lost his wife and there i s no chance for him to commit any offence in future due to his age and family bu rden. With the aforesaid mitigating circumstances, I deem it fit and proper to modify the sentence awarded by the learned Trial court to the one already undergone by him which, if roughly calculated comes to 3 years 8 months and 3 days as on tod ay. Accordingly this appeal stands allowed upholding the conviction with modific ation in the sentence as indicated above. The convict appellant shall be set a t liberty forthwith if his further detention is not required in any other case. The bail bond stand discharged. Return the LCR forthwith.