ORDER

Three persons were sent for trial for an offence punishable under Section 307 read with Sec. 34 of the IPC. Net Ram was acquitted by the Trial Court and on an appeal taken by the other two accused Siyaram and Jiya Lal, the conviction of Jiya Lal was maintained whereas Siyaram was acquitted on the ground that no injury had been caused by the shot allegedly fired by him. While dealing with Jiya Lal’s case the High Court further observed:

“However, appeal by the appellant Jiya Lal is dismissed. The conviction order against him is also maintained. Looking however to the facts and circumstances that the occurrence had taken place as back as in the year 1988 and the appellant Jiya Lal has now become an aged person and there is nothing on record to show that he is either habitual offender or previous convict, he also deserves lenient view.

Considering all facts and circumstances of the case as well as age, character and other antecedents of the appellant Jiya Lal, I find that it will meet the ends of justice if the sentence awarded to the appellant Jiya Lal is modified and reduced.”

2. The High Court accordingly reduced the sentence to that already undergone but imposed a fine of Rs.