The court has the discretion to reduce the sentence awarded to an appellant if the appellant has already undergone a substantial portion of the sentence and has suffered mental agony and trauma of protracted trial.

Order

14/03/2024 Instant criminal appeal has been filed by the appellant against the judgment dated 14.02.1996 passed by learned Additional Sessions Judge No.2, Sriganganagar, in Sessions Case No.25/1995 by which the learned Judge convicted and sentenced the appellant as under :

S.No. Offence Sentence Fine Sentence in default of fine

1. 307 IPC 5 years RI Rs.500/- 6 months’ RI Brief facts of the case are that on 29.08.1989, complainant Vidhya Devi filed a complaint before SHO, Police Station Suratgarh alleging that her husband Kana Ram had given a loan to his brother Surja Ram. On 28.08.1989, when complainant’s father-in- law asked co-accused Surja Ram to return the loan amount to Kana Ram, he started quarrelling with him and gave beatings to him. Thereafter, on the intervening night the present appellant and co-accused Surja Ram broke into complainant’s house and started beating Kana Ram with an intention to kill him. The complainant’s husband Kana Ram received several injuries on his body. On this report, Police registered a case against the accused appellant for offence under Section 307 IPC and started investigation.

On completion of investigation, police filed challan against the accused-appellant. Thereafter, the trial court framed charges against the accused-appellant for offence under Section 307 IPC, who pleaded not guilty and claimed trial.

During the course of trial, the prosecution examined as many as five witnesses in support of its case and also exhibited some documents. Thereafter, statement of the accused-appellant was recorded under section 313 Cr.P.C.

Upon conclusion of the trial, the learned trial court vide impugned judgment dated 14.02.1996 convicted and sentenced the appellant for the offence as aforesaid. Hence, this criminal appeal.

At the threshold, learned counsel for the accused-appellant submits that he does not challenge the finding of conviction but since the occurrence is related to the year 1989 and the accused appellant has so far suffered a sentence of about three months, out of total sentence of five years’ R.I., therefore, it is prayed that the sentence awarded to the appellant for the aforesaid offence may be reduced to the period already undergone by him.

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

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.

Undisputedly, the occurrence relates back to year 1989 and, the appellant has so far undergone a period of three months incarceration, out of total sentence of five years’ R.I., and has also suffered the mental agony and trauma of protracted trial. Thus, looking to the over-all circumstances and the fact that the appellant has remained behind the bars for a considerable time, it will be just and proper if the sentence awarded by the trial court for offence under Section 307 IPC is reduced to the period already undergone by the appellant.

Accordingly, the appeal is partly allowed. While maintaining the appellant’s conviction for offence under Section 307 IPC, the sentence awarded to him for the said offence 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 amount before the trial Court. In default of payment of fine, the appellant shall undergo one month S.I. The appellant is on bail. He need not surrender. His bail bonds are discharged.

Record, if received, be sent back forthwith.

(MANOJ KUMAR GARG),J

194-Rashi/-

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