LAWS(DLH)-2013-11-370

DALVINDER SINGH SODHI & ANR. Vs. STATE

Decided On November 18, 2013
Dalvinder Singh Sodhi And Anr. Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) PRESENT appeal has been filed by the appellants under Section 374 Cr.P.C. against the judgment dated 21.1.2005 and order on conviction dated 25.1.2005 passed by learned Additional Sessions Judge, Delhi, whereby appellant no. 1, Ghanshyam, has been awarded sentence of imprisonment already undergone by him during trial with fine of Rs. 1.00 lakh and in default of payment of fine to undergo Rigorous Imprisonment (RI) for one year for the offence punishable under Section 307 IPC. Appellant no. 2, Rajiv Sodhi, was directed to undergo five years of RI with fine of Rs. 50,000/ - and in default of payment of fine, SI for six months, for the offence punishable under Section 307 IPC. It was also directed that appellant no. 2 would be given benefit under Section 428 Cr.P.C. The brief facts of this case, as noticed by the trial court, are as under:

(2.) LEARNED counsel for the appellants on instructions from appellant no. 2, who is present in Court, submits that appellants do not wish to press this appeal on merits but they pray that the sentence awarded to appellant no. 2 be modified to the period already undergone i.e. 01 year, 04 months and 25 days, besides, remission earned by him i.e. 04 months and 12 days, out of the sentence of five years, which have been awarded to him.

(3.) I have heard learned counsel for the parties and considered their rival submissions. In this case, appellant no. 1 was sentenced to imprisonment already undergone during trial, which is stated to be approximately 24 days. Appellant no. 2, who is the son of appellant no. 1, was sentenced to five years of RI.