Cr. Appeal No.4/2003 14.12.2011 Shri S.S. Garg, counsel for the appellant. Shri Raghvendra Singh Bais, Panel Adv. for the respondent-State. Arguments heard. Judgement dictated in open Court in presence of counsel appearing for the parties. JUDGEMENT This appeal is directed against the judgment dated 20.11.2002 passed by Session Judge, West Nimar, Mandleshwar in S.T. No.196/2002. By the impugned judgment, appellant has been found guilty of an offence punishable u/s. 325 of the Penal Code and was sentenced to undergo 2 years R.I. with fine of Rs.1,000/- with default stipulation. 1 2. The charge against the appellant was that on 19.4.2002, he committed murder of his brother Mehkal. The incident was reported at Police Station Balakwada by Sekdia, a neighbour of the deceased. After holding the inquest and the post mortem, charge-sheet was filed against the appellant. Appellant denied the charges. In order to bring home the charges against appellant, prosecution examined number of witnesses. 3. Considering the prosecution evidence, learned trial Judge found the appellant guilty of an offence punishable u/s. 325 of the Penal Code. He was acquitted of the charge u/s. 302 of the Penal Code. For the offence punishable u/s. he was convicted and sentenced, as aforesaid. Hence, this appeal. 2 4. The only contention urged is regarding quantum of sentence awarded to appellant. Counsel for the appellant submitted that after the jail sentence was suspended by this Court, appellant is leading a peaceful life. It is submitted that the jail sentence already undergone by the appellant would meet the ends of justice, hence he should be let off with the aforesaid reduced sentence. 5. After hearing the rival submissions and going through the record we find that the appellant has already undergone the jail sentence of more than 14 days and no useful purpose would be served by sending him to jail at this distant point of time, therefore, while upholding his conviction, his jail sentence is reduced to the period already 3 undergone. The direction regarding fine amount shall remain intact. 6. In view of the foregoing discussion, appeal stands partly allowed to the extent indicated hereinabove. Appellant is on bail. His bail bonds, if fine amount deposited, shall stand discharged. Order accordingly. (S.K. SETH, J.) Alok/ 4