Bhagat Singh Vs. State of Uttarakhand - Court Judgment

Excerpt:
- insurance act, 1938. [c.a. no. 4/1938]. section 64-vb: [dr. arijit pasayat & p. sathasivam, jj] revival of lapsed life policy policy lapsed for non-payment of premium held, section 64-vb of insurance act does not apply to life policy. -- life insurance corporation act, 1956.[c.a. no. 31/1956]. section 43 & insurance act (4/1938), section 64-vb: revival of lapsed life policy policy lapsed for non-payment of premium amount of unpaid premium sent before death of assured but received after death held, date of sending of cheque cannot be taken as date of receipt of premium for purpose of revival. section 64-vb of insurance act does not apply to life policy. repudiation of claim proper. - 4. in the affidavit, dated 22nd march, 2009 filed on behalf of the state, it is stated that as per the extract of the family register as well as ration card, the age of the appellant is about 80 years.order1. leave granted.2. 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.3. 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.4. in the affidavit, dated 22nd march, 2009 filed on behalf of the state, it is stated that as per the extract of the family register as well as ration card, the age of the appellant is about 80 years.5. 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.6. 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.7. the appeal stands disposed of accordingly.

Judgment:
ORDER

1. Leave granted.

2. 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.

3. 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.

4. In the affidavit, dated 22nd March, 2009 filed on behalf of the State, it is stated that as per the extract of the family register as well as ration card, the age of the appellant is about 80 years.

5. 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.

6. 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.

7. The appeal stands disposed of accordingly.