- (1.) THE present appeal has been directed against judgment dated 5.3.2003 passed by the Additional Sessions Judge (Fast Track Court), Ferozepur whereby the appellants have been convicted and sentenced for commission of offence punishable under Sections 307, 323, 452 read with Section 34 of the Indian Penal Code (for short IPC ), extracted hereinbelow: - JUDGEMENT_473_LAWS(P&H)3_20141.htm
(2.) COUNSEL for the appellants, at the outset, has given up his challenge to the conviction of the appellants for the aforesaid offence with the submission that there is no substantial ground to assail findings recorded by the learned trial court. However, it is submitted that the appellants may be heard on the question of sentence. Custody certificates of Jagdish Chander and Vikramjit Singh filed in Court, are taken on record.
(3.) COUNSEL for the appellants would submit that the criminal proceedings were launched in November 1999 and a period of more than 14 years has elapsed since then. The appellants have already under gone a substantive part of the sentence out of rigorous imprisonment of seven years for offence punishable under Section 307 IPC when otherwise substantive sentence for the aforesaid offences is ordered to run concurrently. It is further submitted that the sentence imposed under Section 307 IPC may be reduced to the period already undergone and the injured -victim may be awarded some compensation payable by the appellants. Counsel for the State has not disputed factual assertions but opposed the prayer. The appellants have already suffered torment of criminal proceedings for the last over 14 years. No other criminal case has been registered much less pending against them. Jagdish Chander has undergone total custody including remission for a period of 05 years, 02 months and 18 days out of rigorous imprisonment for a period of 07 years for offence under Section 307 IPC and his co -convict Vikramjit Singh has undergone total custody including remission for a period of 05 years for the said offence. Keeping in view totality of the facts and circumstances discussed hereinabove, the substantive sentence awarded to the appellants for offence punishable under Section 307 IPC is reduced to the period already undergone. However, the sentence for other offences as well as fine under Section 307 IPC with default stipulation shall remain intact. The appellants shall be liable to pay Rs. 15000/ - each to the injured -victim towards compensation which shall be deposited in the trial court within a period of two months. In case, the appellants fail to deposit the amount of compensation, the appeal shall be deemed to be dismissed.;