The court upheld the conviction but reduced the sentence to the time already served, considering the appellant's age and circumstances.

JUDGMENT :

Manoj Kumar Garg, J.

1. The instant appeal has already been dismissed as abated by this Court qua appellant Nos. 2 & 3 namely Jiwan Singh and Gom Singh Vide order dated 17.01.2024.

2. Hence, the present appeal is being decided only in respect of appellant No. 1-Ladu Singh.

3. Instant criminal appeal has been filed by the appellant No. 1 Ladu Singh against the judgment dated 11.10.1990 passed by learned Additional Sessions Judge, Rajsamand, in Sessions Case No. 36/1988 by which the learned Judge convicted and sentenced the appellant No. 1 Ladu Singh as under:

5. Brief facts of the case are that on 09.07.1988, complainant Laxman Singh submitted an oral report at Police Station Bhim to the effect that on 08.07.1988 at about 7 PM, when he was in the house of Jawan Singh, the accused-persons came armed with axe, lathi etc with the intention to kill Jawan Singh and attacked him. Subsequently Jawan Singh died. On this report, Police registered a case and started investigation.

6. On completion of investigation, police filed challan against the accused-persons. Thereafter, the charges were framed by the trial court against the accused-persons, who pleaded not guilty and claimed trial.

7. During the course of trial, the prosecution examined as many as sixteen witnesses in support of its case and also exhibited some documents. Thereafter, statements of the accused persons were recorded under section 313 Cr.P.C.

8. Upon conclusion of the trial, the learned trial court vide impugned judgment dated 11.10.1990 convicted and sentenced the accused-appellant No. 1 Ladu Singh for the offences as aforesaid. Hence, this criminal appeal.

9. At the threshold, learned counsel for the accused-appellant No. 1 submits that he does not challenge the finding of conviction but since the occurrence is related to the year 1988 and presently the accused appellant is aged about 81 years and he has so far suffered a sentence of around one year & two months, out of total sentence of seven years' R.I., therefore, it is prayed that the sentence awarded to the appellant No. 1 Ladu Singh for the aforesaid offences may be reduced to the period already undergone by him.

10. Learned Public Prosecutor opposed the submissions made by the learned counsel for the appellant No. 1. The learned PP submitted that there is neither any occasion to interfere with the sentence awarded to the accused appellant No. 1 nor any compassion or sympathy is called for in the said case.

11. I have perused the evidence of the prosecution as well as defence and the judgment passed by the trial court regarding conviction of the accused-appellant No. 1.

12. Undisputedly, the occurrence relates back to year 1988 and presently the appellant is aged about 81 years and he has so far undergone a period of around one year & two months incarceration, out of total sentence of seven years' R.I., and has also suffered the mental agony and trauma of protracted trial. Thus, looking to the over-all circumstances and the facts that the appellant is an old aged person of 81 years and has remained behind the bars for a considerable period, it will be just and proper if the sentence awarded by the trial court for offence under Sections 304 Part-II, 325/149 & 148 IPC is reduced to the period already undergone by the appellant No. 1 Ladu Singh.

13. Accordingly, the appeal is partly allowed. While maintaining the appellant No. 1's conviction and sentence for offence under Sections 304 Part-II, 325/149 & 148 IPC, the sentence awarded to him for the said offences is hereby reduced to the period already undergone. The fine imposed by the trial court is hereby maintained. Three months' time is granted to deposit the fine before the trial court. In default of payment of fine, the a