JUDGEMENT
Arijit Pasayat, J. -
(1.) Leave granted.
(2.) Challenge in this appeal by the informant is to the judgment of a learned Single Judge of the Punjab and Haryana High Court by which the High Court while upholding the conviction of respondents 1 to 4 for offence punishable under Sections 307 and 326 read with Section 34 of the Indian Penal Code, 1860 (in short the 'IPC') reduced the sentence from 10 years to 7 years in respect of first offence.
(3.) The factual scenario has been described in detail in Criminal Appeal No. 16/2007 and Criminal Appeal No. ... of 2009 (Arising out of SLP (Crl.) 2007 of 2008) disposed of by us today. In the present appeal filed by the complainant, who had suffered injuries the legality of the order so far as it relates to reduction of sentence is concerned, has been questioned. It has been stated that the victims were mercilessly beaten and large number of injuries were caused to them. Without even indicating any basis, the sentence has been reduced. Injured Ram Swarup could not be examined because, as per the opinion of the doctor, he has lost his memory due to the injury caused to him. So far as the injuries on Ram Swarup are concerned they are as follows:
1. An incised wound 10x4x2 cm. deep over front of the neck just above the thyrod cartilage. The trachea was cut and exposed. Advised E.N.T. Surgeon's opinion.
2. An incised wound 16x2 cm X bone deep over right side of the scalp extending from right eyebrow to the parietal region up to the mid line. Advised Surgeon's opinion.
3. Incised wound 6 cm x 1 cm bone deep over left side of the scalp extending from the left eyebrow over the scalp. Advised Surgeon's opinion.
4. Incised wound 4x1x1 cm deep over the left side of the forehead 1 cm deep over the left side of the forehead 1 cm. of mild line.
5. Incised wound 4 x 1 x 1 cm. over the anterior aspect of left shoulder. 6. Crush injury 16 cm x 8 cm x bone deep over the right shoulder underlying bone muscles were exposed.
The order of the High Court is supported by learned Counsel for the accused persons.
It is noticed that the injuries were definitely of a very serious nature, as these injuries noted above go to show. The trial Court has imposed a sentence of 10 years in respect of offence relatable to Section 307 IPC. The High Court has not indicated any reason for reducing the sentence to 7 years. ;
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