1 S.B.CRIMINAL APPEAL NO.181/1989 (Jodha Singh alias Jodh Singh vs. State of Rajasthan) DATE OF ORDER : 28.8.2008 HON'BLE MR. JUSTICE DEO NARAYAN THANVI Mr.M.K.Garg, for the appellant. Mr.Vishnu Kachhwaha, Public Prosecutor. Heard learned counsel for the parties. This appeal has been directed against the order of learned Additional Sessions Judge No.2, Hanumangarh, dt.17.5.89 whereby he has convicted the accused appellant Jodha Singh alias Jodh Singh for the offence u/s.307 IPC and Sec.27 of the Arms Act and sentenced him to undergo four years' R.I. & a fine of Rs.200/- & in default, to further undergo two months' R.I. u/s.307 IPC and two years' R.I. and a fine of Rs.200/- and in default, to further undergo two months' R.I. u/s.27 of the Arms Act. Both the substantive sentences were ordered to run concurrently. The charge against the appellant was that on 26.2.87 at 3 PM, he, with an intention to kill informant Herpal Singh, fired at him, hitting on his right side of scapular region. 2 Learned counsel for the appellant does not want to challenge the conviction but he simply submits that since the appellant has already remained in police custody as also in judicial custody for the period from 6.3.87 to 24.5.89, on which day, he was enlarged on bail by this Court. Thus, he has already remained in custody for about two years, two months & 18 days and, therefore, he may be sentenced to the period already undergone. Per contra, learned Public Prosecutor has supported the judgment of the court below. Keeping in view all the facts & circumstances of the case, it seems that ends of justice will be met, if the accused is sentenced to the period already undergone. Accordingly, this appeal is allowed in part. While maintaining the conviction of the accused appellant u/s.307 IPC & 27 of the Arms Act recorded by the Addl.Sessions Judge No.2, Hanumangarh vide his judgment dt.17.5.89, he is sentenced to the period already undergone. However, the sentence of fine on both the counts is maintained. He is on bail, his bail bonds shall stand cancelled automatically on depositing the amount of fine 3 on each count, else he will undergo the sentence in default of payment of fine. (DEO NARAYAN THANVI), J. RANKAWAT JK, PS