- (1.) THIS appeal has been filed against the judgment of conviction dated 4.9.2003 and order of sentence dated 12.9.2003 passed by the learned the Additional Sessions Judge, F.T.C. I, Bermo at Tenughat in Sessions Case No. 65 of 2000 convicting the appellants under Sections 396 of I.P.C. and sentencing them to undergo R.I. for life. Appellant Khirodhar Mahato and Ram Chandra Chauhan have also been convicted under Section 412 of I.P.C. and have been sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 2,000/-. However, both the sentences were directed to run concurrently.
(2.) AFTER hearing learned counsels appearing for the appellants in all the cases and the counsel for the State at length and after going through the records, when we expressed that we are not inclined to interfere with the impugned judgment, it was submitted that at least, the appellants may be heard on the question of sentence. Heard learned counsels appearing for the appellants on the question of sentence. It was submitted that Khirodhar Mahato has remained in jail for about 11 years. Appellant Ram Chandra Chauhan has remained in jail for about 12 years. Appellant Kullu Sao is said to has remained in jail for about 7 years. It is submitted that since this matter relates to year 1998 and the appellants have suffered the prosecution for all these years apart from the said imprisonment, at best they may be awarded the minimum punishment of 10 years. Counsel for the State opposed such prayer.
(3.) AFTER hearing the parties on the question of sentence, we are inclined to reduce the sentence to the minimum period of 10 years under Section 396 and 412 of I.P.C. However, we are not inclined to interfere with the judgment of conviction of the appellants. In the circumstances, the bail bonds of appellants � Khirodhar Mahato and Kullu Sao is cancelled and they are directed to surrender in the trial/successor court within three weeks. If appellants � Khirodhar Mahato and Ram Chandra Chauhan has completed the period of custody of ten years, they will be released, if not wanted in any other criminal case. Appellant � Kullu Sao will be released after completion of his sentence, if not wanted in any other criminal case, in accordance with law. The period undergone in jail by the appellants will be set off from the sentence awarded to them.;