JUDGMENT 1. - This appeal is directed against the judgment and order of conviction dated 5.9.1984 passed by the District and Sessions Judge, Paratpgarh. The facts stated briefly are that on 11.4.1984. deceased had gone to the jungle with his wife, where the wood cut by his was sought to be taken away by the accused who are father and son and on the objection being taken by the deceased, the accused started hitting with the stone and when the wife of the deceased started shouting, other persons near about came on the scene of occurrence and rescued the deceased who subsequently died. The appellant were therefore, tried under section 304/34 of the IPC. 2. The prosecution examined as many as nine witnesses in support of its case and tried to establish that the accused-appellants were responsible for homicidal death of the deceased. Of the eye- witnesses named PW 2 Badia, PW 3 Kalu and PW 4 Shaitan were declared hostile as they did not support the prosecution story though earlier they had supported it. 3. However, the learned Sessions Judge relying on the testimony of the sole eye-witnesses wife of the deceased, came to the conclusion that the incident did occur as narrated by her. The accused-appellants did throw stones at the deceased and the deceased subsequently died. Consistent with his finding, the learned Judge proceeded to acquit accused under section 304 but found them guilty of offence under sections 325 & 323 of the IPC. It this order which is challenged in this appeal. 4. However, Shri Suresh Kumbhat contended that the accused persons are on bail for last 17 years and to his knowledge, no repetition of any offence committed by the accused is known. The accused has led peaceful life of ordinary citizen and it would be extremely harsh to put him back in jail after having enjoyed liberty of citizenship peacefully and legally for 17 years or more. It was contended by the learned counsel that no fruitful purpose will be served by putting the accused in jail now after 17 years and it may adversely affect the career and conduct of the accused, it may create bitterness in the mind of the accused against the persons who were assaulted by him 20 years ago. There is considerable force made by the learned counsel. There is considerable force made by the learned counsel. Criminal jurisprudence provides punishment as a source of penalty and at the same time, it is aimed according to criminal jurisprudence to correct the criminal concept of using punishment as a correctional measure has gained ground considerably in the past century and several jail reforms have been effected to implement this concept of jurisprudence. 5. In a case where the sentence of imprisonment imposed as punishment is suspended for a period of more than 17 years by operation of the provisions of law, the correctional part is wholly taken away. The punitive aspect also loses significance to a great extent as penalty is felt and is effective only if administered immediately on commission of the crime. 6. In this case, the accused was in custody and has thus suffered the agony of being imprisoned for a crime committed by him. The penal effect or the punitive effect of sentence being awarded as punishment was thus partially experienced by the accused in the present case. He has thereafter for 17 years remained at liberty as aforesaid. No crime is reported to have been committed by him during this period. There is no question of any correctional affect being needed on the accused after passage of 17 years, none of the purpose for which the punishment is granted is therefore, likely to be fulfilled by requiring the accused to undergo the sentence remaining. I therefore, think it just and proper to allow the appeal partly and reduce the sentence to that already undergone maintaining the order of conviction as recorded by the learned Sessions Judge. 7. In the result, the appeal succeeds partly and is allowed partly. The sentence as inflicted by the learned Sessions Judge is reduced to that of already undergone. The accused has already submitted bail bonds and the same are hereby cancelled.Appeal partly allowed. *******