Vinod Prasad - (1.) ADDITIONAL Sessions Judge, Court No. 5, Bulandshahr convicted the present appellant Raju S/o Jagat Singh, R/o Mohalla Tar Ki Mandi, Kasba and Police Station Mogha, district Ludhiyana (Punjab) for offences under Section 452/307, I.P.C. vide his impugned judgment and order dated 21.11.2006 and sentenced him for a period of three years R.I. with fine of Rs. 500 on the first count, in default of payment of fine, appellant was directed to undergo simple imprisonment for a period of 15 days, four years R.I. with fine of Rs. 500 on the second count, under Section 307, I.P.C. and in default of payment of fine, he was directed to go 15 days further imprisonment. It was also recorded by the trial Judge that the appellant was in jail since last 15 months on the date on which he was convicted and sentenced (21.11.2006) and the said period of 15 months shall be set off from the conviction awarded by him by the impugned judgment.
(2.) AGGRIEVED by the aforesaid convictions and sentences, the appellant has preferred the present appeal. Initially, the appeal was beyond limitation. However, vide order dated 13.2.2007, this Court was pleased to condone the delay and admitted the appeal. The record was summoned for consideration of bail prayer of the appellant, which was received in this Court, however, the bail to the appellant was rejected on 13.3.2007. The appeal came up before me when it was stated by Sri Dheeraj Singh Bohra, learned counsel for the appellant that the appellant has practically served out total period of sentence and, therefore, the appeal be finally heard, after dispensing preparation of paper book.
(3.) TODAY when the appeal came up before me, it transpired that the appellant had only 22 days left for serving out for the complete sentence awarded though the impugned judgment, as he was convicted on 21.11.2006 and it was ordered that the period of sentence of fifteen months, already undergone by him, shall be set off from the said conviction of four years. The appellant was in jail since 3rd of August, 2005 in the instant crime, under remand orders and, therefore, his period of sentence shall run from the said date 3rd of August, 2005. In such a view, the appellant will undergo full term of his awarded sentence on 3rd of August, 2009 and he has to be released from jail on the said date. The charge against the appellant was that, Sukhdev father of informant Lokesh was assaulted in the intervening night of 30/31.7.2005 at 2 a.m. The miscreants had, initially belaboured the father. However, when the informant and his mother tried to intervene then the mother was also beaten. Bheem, the brother-in-law, of the informant was also assaulted by the miscreants with blunt objects, when many people started collecting on the spot, then the miscreants resorted to firing while escaping. The assailants were bearing underwear and under garment (baniyan). The injured persons were got admitted in the hospital and a case was registered. During the course of the investigation, the complicity of the appellant was disclosed and, therefore, a charge-sheet was laid against him under Sections 452 and 307, I.P.C. and the appellant was charged with the aforesaid offences.;