IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.154 OF 2009 (Arising out of S.L.P. (Crl.) No.7598 of 2008)

Jayaraj        ...Appellant(s)

Versus

State of Tamil Nadu       ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel for the parties.

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.

....2/-

- 2 -

When the case was placed for consideration, notice was issued limited to

the question of sentence only.   

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.

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.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, January 23, 2009.