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16. With respect to the sentence, the learned counsel for the
appellant submitted that the appellant is at the age of 51 at the time of
the incident and he had also undergone imprisonment for a substantial
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period as an under trial prisoner and the appellant has not been
involved in any other case and the accused is a sick man and therefore,
a lenient view may be taken in the matter of sentence.
17. According to me, the above submission of the learned
counsel requires positive consideration. Besides the grounds
advanced by counsel for the appellant, in support of his claim for
leniency, it is borne out from the records that the accused is a person
belonging to parayan caste and he is a coolie by profession which
shows that he belongs to lower strata of the society. In the absence of
any previous criminal back track, according to me, the substantial
sentence imposed against him requires modification.