Cur. adv. vult.
* 3 Sutherland's W. B. 29 (Criminal Rulings.)4 12 Cr. App. R. 208.
* 16 Cr. App. R. 195.
1 1 Cr. App. R. 28.
* 1 Cr. App. R. 180.
Gabrial v. Adikaran.

In passing th maximum sentence the learned Judge stated as follows: —“ Maximum punishment that I can inflict, on you is one of seven years’imprisonment (rigorous) and I give you that as I think that you mayhave been found guilty of attempt to commit murderThe jury have definitely found that the appellant was not guilty ofattempted murder for reasons stated by them. Those were facts whichwere in the jury’s province alone to decide. The sentence passed by thelearned Judge therefore ignored the verdict of the jury and in no wayreflected that verdict. It is not merely a question that we consider thatwe ourselves, if we had been trying this case, would have passed a lesssevere sentence. That in itself would not justify us in modifying thesentence. We think, however, that the Judge has passed this maximumsentence as the result of exercising his discretion on a wrong principle.We, therefore, substitute for the sentence of seven years’ rigorousimprisonment one of four years’ rigorous imprisonment.
Sentence reduced^