TMI Blog2022 (6) TMI 1037X X X X Extracts X X X X X X X X Extracts X X X X ..... king into consideration the overall aspect of the matter and the fact that 23 years have been rolled by this time from the date of incident and also noticing that there are no criminal antecedents against the appellant as indicated in Para 20 of the impugned judgment, while upholding conviction under Section 55(a), consider it appropriate to modify the sentence to simple imprisonment of one year a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. The appellant, after facing trial, was convicted for the offence under Section 55(a) of the Abkari Act and Section 309 IPC and was sentenced to undergo simple imprisonment for 3 years and to pay a fine of Rs.1,00,000/( Rupees One Lakh only) each, in default of payment of fine, to undergo simple imprisonment for one year under Section 55(a) of Abkari Act and further sentenced to pay fine of R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es and stored the same in two rooms on the upstairs of the above said house, and entrusted the same to the appellant(A1) and A2 to deal with it on commission basis. This was detected on 12th June, 1999 at about 01:55 a.m. by PW10 and his police party. When the appellant and A2 came to know about the same, they attempted to commit suicide by inflicting injuries on the wrist portion of their hands, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efault of payment of fine, the appellant was directed to undergo simple imprisonment for one year and set aside conviction under Section 309 IPC. 9. We have heard learned counsel for the parties and with their assistance have gone through the record as well as statements of PW1 to PW11 and also the statement of the accused appellant recorded under Section 313 CrPC and find no reason to deviate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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