Punjab-Haryana High Court
Jangri Dass And Others vs State Of Punjab on 13 October, 2014
Author: Sabina
Bench: Sabina
CRA-S-1094-SB of 2003 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
CRA-S-1094-SB of 2003 (O&M)
Date of Decision: 13.10.2014
Jangir Dass and others ...........Appellants
Versus
State of Punjab ..........Respondent
Coram: Hon'ble Mrs. Justice Sabina
Present: Mr.G.S.Sandhu,Advocate
for the appellants.
Mr.K.S.Aulakh, Assistant Advocate
General, Punjab
**
Sabina, J.
Appellants had faced trial in FIR No. 34 dated 14.4.1997 registered at Police Station Bhawanigarh under Sections 148/308/323/325/506 read with Section 149 of the Indian Penal Code, 1860 (`IPC' for short). The trial Court vide judgment/order dated 22.5.2003 convicted and sentenced the appellants and their co-accused for commission of offence punishable under Sections 148/323/325 read with Section 149 IPC. So far as accused-Vidya Devi and Salochna are concerned, they were ordered to be released on probation vide order dated 22.5.2003,whereas, the appellants were ordered to undergo sentence qua the offence committed by them. Hence, the present appeal by the accused-appellants. RAJ KUMARI BHALLA 2014.10.17 14:15
Learned counsel for the appellants has submitted that I attest to the accuracy and authencity of this document High Court CRA-S-1094-SB of 2003 (O&M) 2 so far as appellant-Jangir Dass is concerned, he has already undergone the sentence qua imprisonment. Learned counsel for the appellants has not challenged the conviction of the appellants under Sections 148/323/325 read with Section 149 IPC as ordered by the trial Court but has submitted that the sentence qua imprisonment of appellants No. 2 and 3 be reduced to the period already undergone by them. Learned counsel has further submitted that it is a case of version and cross-version. In fact, Vidya Devi had also suffered injuries in the occurrence. However, the version put forth by the appellants were not believed by the Court. Learned counsel has further submitted that the appellants have been facing criminal proceedings since the year 1997 and are not the previous convicts.
Accordingly, keeping in view the facts and circumstances of the present case, it would be just and expedient to reduce the sentence qua imprisonment of the appellants to the period already undergone by them.
Accordingly, the conviction of the appellants under Sections 148/323/325 read with Section 149 IPC is maintained. However, the sentence qua the imprisonment of the appellants No.2 and 3 are reduced to the period already undergone by them.
Appeal stands disposed of accordingly.
(Sabina) Judge October 13,2014 arya RAJ KUMARI BHALLA 2014.10.17 14:15 I attest to the accuracy and authencity of this document High Court CRA-S-1094-SB of 2003 (O&M) 3 RAJ KUMARI BHALLA 2014.10.17 14:15 I attest to the accuracy and authencity of this document High Court