JAGVIR SINGH Vs. STATE OF DELHI ADMN

JUDGEMENT

(1.) Challenge in this appeal is to the order passed by a learned Single Judge of the Delhi High Court upholding the conviction of appellants as done by learned Additional Sessions Judge in Sessions Case No.25/1984 for offence punishable under Sections 342, 365 and 330 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC). Learned Single Judge observed that conviction was not questioned and what was submitted related to quantum of sentence. The High Court noted that he required learned counsel appearing for the appellants to address the Court on question of conviction, which was denied. Only quantum of sentence aspect was highlighted. The High Court felt that in view of the concessions made relating to the conviction, the sentence cannot be held to be disproportionate keeping in view the nature of the offence.

(2.) Learned counsel for the appellants submitted that there appears to be some confusion because there was never any instruction given by the appellants not to question the conviction as recorded. In fact, according to them, the conviction was without any material and basis.

(3.) Learned counsel for the respondent-State on the other hand submitted that having conceded before the High Court that the conviction was in order, the present appeal is misconceived.