JUDGMENT 1. - Heard learned counsel for the parties. 2. This appeal has been directed against the order of learned Additional Sessions Judge No. 2, Hanumangarh, dated 17.5.1989 whereby he has convicted the accused appellant Jodha Singh alias Jodh Singh for the offence under Section 307 I.P.C. and Section 27 of the Arms Act and sentenced him to undergo four years' R.I. and a fine of Rs. 200/- and in default, to further undergo two months' R.I. under Section 307 I.P.C. and two years' R.I. and a fine of Rs. 200/- and in default, to further undergo two months' R.I. under Section 27 of the Arms Act. Both the substantive sentences were ordered to run concurrently. 3. The charge against the appellant was that on 26.2.1987 at 3 P.M., he, with an intention to kill informant Herpal Singh, fired at him, hitting on his right side of scapular region. 4. Learned counsel for the appellant does not want to challenge the conviction but he simply submits thatsince the appellant has already remained in police custody as also in judicial custody for the period from 6.3.1987 to 24.5.1989, on which day, he was enlarged on bail by this Court. Thus, he has already remained in custody for about two years, two months and 18 days and, therefore, he may be sentenced to the period already undergone. 5. Per contra, learned Public Prosecutor has supported the judgment of the Court below. 6. Keeping in view all the facts and circumstances of the case, it seems that ends of justice will be met, if the accused is sentenced to the period already undergone. 7. Accordingly, this appeal is allowed in part. While maintaining the conviction of the accused appellant under Section 307 I.P.C. and Section 27 of the Arms Act recorded by the Additional Sessions Judge No. 2, 'Hanumangarh vide his judgment dated 17.5.1989, he is sentenced to the period already undergone: HoWever, the sentence of fine on both the counts is maintained. He is on bail, his bail boncg shall stand cancelled automatically on depositing the amount of fine on each count, else he will undergo the sentence in default of payment of fine.Appeal partly allowed. *******