Punjab-Haryana High Court
State Of Haryana vs Arjan Singh, Etc on 4 September, 2023
Neutral Citation No:=
250 IOIN-CRA-D-858-DBA-2002 IN
CRA-D-858-DBA-2002
STATE OF HARYANA V/S ARJAN SINGH, ETC.
Present: Mr. P.P.Chahar, DAG, Haryana.
Mr. A.D.S.Sukhija, Advocate and
Mr. Omkar Chauhan, Advocate for the convict.
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1. Heard on quantum of sentence. Convict-Kuldeep Singh is produced before this Court in the custody of HC Rajinder Singh for his receiving sentence in pursuance to his becoming convicted for the commission of offences punishable under Sections 307, 452 read with Section 34 IPC.
2. Learned counsel appearing for the convict argues, that a lenient view be taken by this Court in the imposition of the substantive sentence of imprisonment, upon, the convict, for the commission of the above offences. In the above regard, he has placed on record a summary of the medical treatment which the present convict is receiving at the medical centre concerned. A perusal of the summary of the said medical treatment which the present convict is receiving from the medical centre concerned, reveals that he is suffering from renal failed, and, dialysis catheter insertion, has been done upon one of the failed kidneys of the convict. Moreover, it is also stated in the discharge summary, that after the above insertion being made, he has been released from the hospital in a stable condition but with the advisory for further medication and advise as and when such surgery, medication or advise is required.
3. Therefore, the learned counsel for the convict submits, that in case the convict is sentenced to the maximum tenure of the substantive 1 of 4 ::: Downloaded on - 18-09-2023 01:49:47 ::: Neutral Citation No:= IOIN-CRA-D-858-DBA-2002 IN CRA-D-858-DBA-2002 -2- sentence of imprisonment, as, imposable upon him, for the commission of offences (Supra), thereupon there is every likelihood that there would occur deterioration in the medical condition (Supra) which besets him.
4. Therefore, the learned counsel for the convict argues, that the sentence of imprisonment lesser than the one, as became imposed by the learned trial Court, upon, the principal convict Kaptan Singh @ Parveen Kumar, thus by the learned trial Judge concerned, and, which became affirmed by this Court, rather is required to be imposed upon the present convict.
5. The above argument has merit, as the incriminatory role, as has been concluded to be committed by the present convict, thus makes him an accessory to the fact, whereas, the principal crime event, relating to an assault being committed upon the injured-victim was, thus done by the principal convict Kaptan Singh @ Parveen Kumar. Therefore, with the incriminatory role of the present convict being lesser than that of the principal convict, thereby this Court in order to achieve the ends of justice and also to bring a balance inter-se, the conviction made upon him for the commission of offences (Supra), thus with the injury done to the victim, thus deems it fit and appropriate, to in respect of an offence punishable under Section 307 IPC, to impose upon him the substantive sentence of rigorous imprisonment lasting upto a tenure of two years. Moreover, the convict is also sentenced to, in respect of an offence punishable under Section 452 IPC, hence suffer rigorous imprisonment for a term lasting upto two years. Both the above imposed sentences of 2 of 4 ::: Downloaded on - 18-09-2023 01:49:47 ::: Neutral Citation No:= IOIN-CRA-D-858-DBA-2002 IN CRA-D-858-DBA-2002 -3- imprisonment are ordered to run concurrently. In addition, the period of custody spent by the convict during the investigation and trial of the case is in terms of Section 428 Cr.P.C., hence ordered to be set off from the above imposed substantive sentences of imprisonment qua the above penal sections.
6. Be that as it may, this Court also deems it fit and appropriate to impose upon the convict, sentence of fine comprised of Rs.50,000/- each qua both the offences (Supra). Moreover, on default of the payment of the above imposed fine amounts, the convict shall undergo rigorous imprisonment for a term lasting for a period of four months each. The said default sentences are also ordered to run concurrently. On realization of the fine amounts, the same shall be disbursed as compensation to the injured-victim.
7. Since the substantive sentences of imprisonment (Supra) imposed upon the convict are lesser than three yeas, therefore, till the instant verdict becomes assailed, thus within a period of one month, from today, before the Hon'ble Supreme Court, at the instance of aggrieved, thereupto the execution of the above imposed substantive sentences of imprisonment shall remain suspended. The above interim suspension of the substantive sentences of imprisonment imposed upon the convict, is subject to the convict furnishing personal bond(s) in the sum of Rs.50,000/- each, before the Registrar (Judicial) of this Court.
8. In case no appeal is filed by the aggrieved before the Hon'ble Supreme Court, thereupon the order making interim suspension of the above imposed substantive sentences of imprisonment, shall be deemed 3 of 4 ::: Downloaded on - 18-09-2023 01:49:47 ::: Neutral Citation No:= IOIN-CRA-D-858-DBA-2002 IN CRA-D-858-DBA-2002 -4- to be ipso facto vacated, and, thereupon the learned trial Judge concerned, shall forthwith draw committal warrants for the convict becoming committed to the judicial prison concerned.
9. A copy of the verdict and the order of sentence be released free of costs to the convict-sentencee.
10. IOIN stands disposed of.
(SURESHWAR THAKUR)
JUDGE
(KULDEEP TIWARI)
September 04, 2023 JUDGE
ajay-1
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