IN THE  SUPREME COURT OF INDIA             CRIMINAL  APPELLATE  JURISDICTION                                  CRIMINAL APPEAL NO. 978  OF 2009   

(Arising out of SLP(Crl.) No. 6827/2008)    

Bhagat Singh ..   Appellant(s)                   

  Versus

State of Uttarakhand ..   Respondent(s)                                                           O R D E R

 Leave granted.

This appeal  is directed against final judgment and order dated 30th April,  

2009 passed  by  the  High  Court  of  Uttrakhand  at  Nainital,  rendered in  Criminal  

Appeal No. 590 of 2001.  By the impugned order, the conviction of the appellant for  

offence punishable under Section 307 of the Indian Penal Code, 1860 and the award  

of sentence of rigorous imprisonment for a period of five years has been affirmed.

When the matter came up for motion hearing on 8th September, 2008, while  

issuing notice only qua quantum of sentence, it was recorded that according to the  

appellant  he is a freedom fighter and at present aged about 90 years, sick and feeble.

In the affidavit, dated 22nd March, 2009 filed on behalf of the State, it is  

stated that as per the extract of

: 2 :

the family register as well as ration card, the age of the appellant is about 80 years.

Having heard learned counsel for the parties and bearing in mind, the age of  

the appellant, as verified by the State, we are of the view that in the instant case the  

award of sentence for the period of sentence  already undergone by the appellant  

would meet the ends of justice.   

Accordingly,  while  maintaining  the  conviction  of  the  appellant  for  the  

aforementioned offence, his  sentence is  modified to the period already undergone.  

The appellant shall be released forthwith unless he is required in any other case.

The appeal stands disposed of accordingly.    

                                       ...................J.            [ D.K. JAIN ]  

                                       ...................J.                                     [ R.M. LODHA  ]                         

NEW DELHI, MAY 08, 2009.