Mohd. Amin And Others vs State Of U.P. on 16 December, 2022
This is the appeal challenging the order dated 15.2.1997, passed in S.T. No.96 of 1991, under Section 307/34 I.P.C. arising out of Case Crime No.141 of 1988, police station Mubarakpur District Azamgarh by which learned Additional Sessions Judge has convicted the appellant under Section 307 I.P.C. convicted for a period of 3 years R.I.
Learned counsel for the appellant submitted that incident had occurred in the year 1988 since then near about 34 years has passed. At present appellant is aged about 65 years old and also medically examined. He also served out custody period of 13 days, during conviction order and appeal and during trial also he remained in custody. He further submits that his past conduct is not bad and no any subsequent offence was committed by him. As per case law Ramdas Harijan and others vs State of U.P. 2020 1 Crimes (HC) 187, appellant convicted for offence under Sections 323, 325 I.P.C. instead of sending him to jail benefit of Section 4 Probation of Offenders Act was given and in Brijendra vs State of U.P. 2019 Supreme (All) 1805, the sentence u/s 324, 506, 504 IPC was converted into fine, therefore, in the light of the aforesaid judgments appellant should be given benefit under Section 4 of Probation of Offenders Act.