2009 INSC 0158
                                    SUPREME COURT OF INDIA

                                                    Jayaraj

                                                      Vs.

                                            State of Tamil Nadu

                                           Crl.A.No.154 of 2009

                                  (B.N. Agrawal and G.S. Singhvi JJ.)

                                                  23.01.2009

                                                   ORDER

Leave granted.

1. Heard learned counsel for the parties.

2. The Trial Court convicted the appellant under Section 302 of the Indian Penal Code [for
short, `I.P.C.'] and sentenced him to undergo imprisonment for life and to pay fine of
Rs.1,000/-; in default, to undergo further imprisonment for a period of three months. On
appeal being preferred, the High Court acquitted the appellant of the charge under Section
302 I.P.C. and convicted him under Section 323 I.P.C. and sentenced him to undergo
rigorous imprisonment for a period of one year and directed him to pay compensation of
Rupees fifteen thousand for being paid to the legal representatives of the victim. Against the
said order, present appeal has been filed by special leave.

3. When the case was placed for consideration, notice was issued limited to the question of
sentence only.

4. Learned counsel appearing on behalf of the appellant stated that the appellant has
remained in custody for a period of about ten months. Taking into consideration the totality
of the circumstances, we feel that sentence of imprisonment awarded should be reduced.

5. Accordingly, the appeal is allowed in-part and, while upholding the conviction of the
appellant, sentence of imprisonment awarded is reduced to the period already undergone.

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