The court can reduce a sentence to the period already undergone when considering the circumstances of the case and the mental trauma experienced by the appellants.

JUDGMENT :

(MANOJ KUMAR GARG, J.)

1. Instant criminal appeal has been filed by the appellants against the judgment dated 20.07.2024 passed by learned Sessions Judge, Churu in Sessions Case No.57/2019 by which the learned Judge convicted and sentenced the appellants as under :

2. All the sentences were ordered to run concurrently and the period spent in judicial custody shall be adjusted in the original imprisonment.

3. Brief facts of the case are that on 12.07.2018, injured Rakesh gave a Parcha Bayan alleging that he was going to his village Ghameri by a private bus. At about 01:30 PM, the bus was stopped by four motorcycles near Gajsar and 10-11 persons entered the bus with an intention to kill the injured. Out of total attackers, Moolaram, Moharsingh, Imichand & Subhash were known to the injured and all of them assaulted the injured Rakesh with deadly weapons due to which, he received grievous injuries. On this report, Police registered a case against the accused appellants and started investigation.

4. On completion of investigation, police filed challan against the accused-appellants. Thereafter, the trial court framed charges against the accused-appellants for offences under Sections 341 , 323 /34 , 324 /34 , 325 /34 & 307/34 of IPC , who pleaded not guilty and claimed trial.

5. During the course of trial, the prosecution examined as many as 19 witnesses in support of its case and also exhibited some documents. Thereafter, statements of the accused-appellants were recorded under section 313 Cr.P.C.

6. Upon conclusion of the trial, the learned trial court vide impugned judgment dated 20.07.2024 convicted and sentenced the appellants for the offences as aforesaid. Hence, this criminal appeal.

7. At the threshold, learned counsel for the accused-appellants submits that he does not challenge the finding of conviction but since the occurrence is related to the year 2018 and the accused appellants have so far suffered a sentence of about 1 month & 17 days, out of total sentence of two years’ R.I., therefore, it is prayed that the sentence awarded to the appellants for the aforesaid offences may be reduced to the period already undergone by them.

8. On the other hand, the learned Public Prosecutor opposed the submissions made by the learned counsel for the appellants. The learned Public Prosecutor submitted that there is neither any occasion to interfere with the sentence awarded to the accused appellants nor any compassion or sympathy is called for in the said case.

9. 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-appellants.

10. Undisputedly, the occurrence relates back to year 2018 and, the appellants have so far undergone a period of 1 month & 17 days incarceration, out of total sentence of two years’ R.I., and have also suffered the mental agony and trauma of protracted trial. Thus, looking to the over-all circumstances and the fact that the appellants have remained behind the bars for a considerable time, it will be just and proper if the sentence awarded by the trial court for offences under Sections 341 , 323 , 324 & 325 of IPC is reduced to the period already undergone by the appellants.

11. Accordingly, the appeal is partly allowed. While maintaining the appellants’ conviction for offences under Sections 341 , 323 , 324 & 325 of IPC , the sentence awarded to them for the said offences is hereby reduced to the period already undergone. The fine imposed by the trial court is hereby maintained. The amount of fine imposed by the trial Court, if not already deposited by the appellants, then two months’ time is granted to deposit the fine amount before the trial Court. In default of payment of fine, the appellants shal