- (1.) Heard Sri Somesh Tripathi, learned counsel for the appellants as well as learned Additional Government Advocate for the State and perused the record.
(2.) Submission of learned counsel for the appellants is that the accused-appellants have been convicted and sentenced by means of judgment and order dated 09.02.2010, passed by Special Sessions Judge (SC/ST Act) Fast Track Court No. 2, in Sessions Trial No. 32 of 2000, for the offence under section 323/34 I.P.C. for six months rigorous imprisonment and Rs. 2,000/- fine each and in default of fine fifteen day's additional imprisonment, for the offence under Section 3(1)(X) SC/ST Act for one year rigorous imprisonment and Rs. 3,000/- fine each and in default of fine fifteen day's additional imprisonment. It was further directed that all the sentences will run concurrently. The appellants were acquitted for the offences under Sections 504 and 506 I.P.C. The Trial Court also noted that out of the fine deposited by the appellants, half shall be paid equally to the injured of the case namely Totaram, Kanhaiya Lal and Bal Kishan as compensation.
(3.) During the course of argument, learned counsel for the accusedappellants has confined his argument to the quantum of sentence and has submitted that the accused-appellants is in jail since 07.08.2020, as such they have served the sentence for about three month's, which is sufficient in the facts and circumstances of the case. Therefore, he has prayed that the accused-appellants should be released considering the period of sentence undergone and accordingly substantial reduction in sentence may be made.;