LAWS(DLH)-2020-5-63

STATE Vs. MUKIM ALI @ JUMMAN ALI

Decided On May 18, 2020
STATE Appellant
V/S
Mukim Ali @ Jumman Ali Respondents

JUDGEMENT

(1.) The State has filed the present appeal against an order dated 11.12.2015 (hereafter the 'impugned order') passed by the learned ASJ, West District, Tis Hazari Courts, whereby the respondents were sentenced to undergo rigorous imprisonment for the period already undergone by them, which was about two months for committing an offence punishable under Sections 208/34 of the Indian Penal Code, 1860 (IPC). The respondents were convicted after trial in a case emanating from FIR No. 335/2012 under Sections 308/34 of the IPC, registered with PS Rajouri Garden.

(2.) According to the State, sentence awarded to the respondents are highly inadequate and not commensurate with the gravity of their offence. The appellant prays that their sentence ought to be enhanced.

(3.) The appellant states that the injury caused to the victim was dangerous in nature and the ingredients of committing an offence punishable under Section 308 of the IPC were duly proved against the respondents and they were convicted. An offence described under Section 308 of IPC is punishable with imprisonment for a term, which may extend to seven years or with fine or with both, if a hurt is caused.