- (1.)The present Criminal Appeal has been filed under Section 377 of the Code of Criminal Procedure in reference to judgment dated 2.8.1996 passed in Sessions Case No. 9-K/VII-1996 by learned Sessions Judge, Kangra at Dharamshala, for the offence under Section 307 of the Indian Penal Code in F. I. R. No. 575 of 1995 awarding sentence to the accused for a period already undergone by him and also to pay a fine of Rs. 5000/- and in default of payment of fine, the accused was to further undergo rigorous imprisonment for a period of six months and the fine, if deposited, was to be paid to the injured through her husband Balwant Singh as she is not in a position to walk and talk.
(2.)The present Criminal Appeal in fact is to be adjudicated on the point of quantum of sentence awarded to the accused-respondent. On the basis of material on record, prosecution witnesses and keeping in view the medical report, learned Sessions Judge has held the accused guilty of the offence, under Section 307 of the Indian Penal Code and in the prevailing circumstances, sentenced the accused for a period already undergone. It has been brought to our notice that the accused was in Jail for a period of eight months.
(3.)In order to adjudicate the present appeal, it is necessary to give the factual background of the case.