- (1.)This criminal appeal is directed against the judgment and orders dated 22nd of March 2006 and 24th of March 2006, whereby the appellants came to be convicted and sentenced for the commission of offence under Sections 306, 498-A Ranbir Penal Code (for short R.P.C) and were directed to undergo sentence for a period of six years and a fine of Rs. 5000/-; two years and fine of Rs. 2500/- respectively. However, both the sentences were directed to run concurrently.
(2.)The appellant No. 1 is in custody right from 27th of May 2003 whereas appellant No. 2 was admitted to bail, thereafter was taken in to custody again in terms of the impugned judgment and orders and again admitted to bail vide order dated 12th of May 2006 passed by this Court. Learned Counsel for the appellants submitted that the appellant No. 1 has undergone punishment for a period of four years, six months and some days, without calculating the period of remission, which he is entitled to as per the Jail Manual. Appellant No. 2 has undergone punishment for a period of more than four months and is as on today more than eighty years of age, bed ridden and virtually on death bed. Learned Counsel for the appellants prayed that the order of conviction be maintained but the appellants be sentenced to a period already undergone by them.
(3.)Mr. Chandan, learned Deputy Advocate General, was asked to cause appearance of the parents of the deceased Sapna, who appeared and are in old age. They stated they have lost their daughter and have not questioned the order of said sentence passed by the trial Court. Mr. Chandan stated at bar that the order of sentence has not been questioned by State also. Thus order of sentence so far it relates to the aggrieved party-complainant and State has attained finality.