(Deepak Gupta and Surya Kant, JJ.)
Mohinder Singh ___________________________________ Appellant;
v.
State of Haryana __________________________________ Respondent.
Criminal Appeal No. 1428 of 2012, decided on June 18, 2019
The Order of the court was delivered by
Order
1. The appellant was convicted for having committed offences punishable under Sections 324 and 326 of Indian Penal Code. The case of the prosecution is that on 25.04.1994, the appellant attacked his uncle with a spade and gave a blow on the left side of his head. The Trial Court convicted the appellant and sentenced him to undergo three years imprisonment and pay a fine of Rs. 4,000/-. The High Court partly allowed the appeal and while upholding the conviction reduced the sentence to two years and fine of Rs. 4,000/-.
2. We are not inclined to interfere on the merits of the case. At the same time, we cannot lose sight of the fact that the occurrence took place more than a quarter of century back and to send the accused in prison after 25 years, would be travesty of justice.
3. The accused has already undergone more than four months imprisonment and keeping in view the fact that there is so much delay in disposing of this case, we alter the sentence imposed by the High Court to the period of incarceration already undergone by the appellant.
4. We, however, enhance the fine to Rs. 24,000/- (Twenty Four Thousand) and direct that the appellant to deposit the sum of Rs. 20,000/- before the Trial Court within six weeks from today failing which he will have to undergo Rigorous Imprisonment for six months. In case, the amount is deposited the same shall be paid as compensation to the victim in terms of Section 357 of the Code of Criminal Procedure, 1973.
5. The Appeal is disposed of in the above terms.
6. Pending applications, if any, stand disposed of.
Criminal Appeal No(s). 1428/2012
Mohinder Singh ___________________________________ Appellant
v.
The State of Haryana ______________________________ Respondent
Date : 18-06-2019 This appeal was called on for hearing today.
(Before Deepak Gupta and Surya Kant, JJ.)
For Appellant(s) Mr. Rakesh Dahiya, AOR
Mr. Sandeep Chaudhary, Adv.
Mr. Satyavan Kudalwal, Adv.
Mr. Aditya Dahiya, Adv.
For Respondent(s) Dr. Monika Gusain, AOR
UPON hearing the counsel the Court made the following
ORDER
7. The Appeal is disposed of in terms of the signed order.
8. Pending applications, if any, stand disposed of.
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