Bhagat Singh Vs.
State of Uttarakhand  INSC 987 (8 May 2009)
JURISDICTION CRIMINAL APPEAL NO. 978 OF 2009 (Arising out of SLP(Crl.) No.
6827/2008) Bhagat Singh .. Appellant(s) Versus State of Uttarakhand ..
Respondent(s) ORDER Leave granted.
This appeal is
directed against final judgment and order dated 30th April, 2009 passed by the
High Court of Uttrakhand at Nainital, rendered in Criminal Appeal No. 590 of
2001. By the impugned order, the conviction of the appellant for offence
punishable under Section 307 of the Indian Penal Code, 1860 and the award of
sentence of rigorous imprisonment for a period of five years has been affirmed.
When the matter came
up for motion hearing on 8th September, 2008, while issuing notice only qua
quantum of sentence, it was recorded that according to the appellant he is a
freedom fighter and at present aged about 90 years, sick and feeble.
In the affidavit,
dated 22nd March, 2009 filed on behalf of the State, it is stated that as per
the extract of the family register as well as ration card, the age of the
appellant is about 80 years.
Having heard learned
counsel for the parties and bearing in mind, the age of the appellant, as
verified by the State, we are of the view that in the instant case the award of
sentence for the period of sentence already undergone by the appellant would
meet the ends of justice.
maintaining the conviction of the appellant for the aforementioned offence, his
sentence is modified to the period already undergone.
The appellant shall
be released forthwith unless he is required in any other case.
The appeal stands
disposed of accordingly.
[ D.K. JAIN ]
[ R.M. LODHA ]