SHAHZAD Vs. STATE

JUDGEMENT

(1.) THIS Appeal is directed against a judgment dated 21.01.2012 and an order on sentence dated 25.01.2012 passed by the learned Additional Sessions Judge ("ASJ") in Sessions Case No.83/2009 FIR No.378/2007 registered at Police Station Chandni Mahal whereby the Appellant was held guilty for the offences punishable under Sections 307/34 IPC. He was sentenced to undergo Rigorous Imprisonment (RI) for a period of five years and to pay a fine of Rs.1000.00 or in default of payment of fine to undergo Simple Imprisonment (SI) for a period of three months for the offence punishable under Section 307/34 IPC.

(2.) AT the time of hearing of the Appeal an application being Crl. MA No.2372/2013 under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) was moved by the two injured, that is, Asim and Asif stating that with the intervention of respectable persons of the locality and friends there was an amicable settlement between the parties. In view of the settlement, the Complainants/injured wanted to forgive and forget the offence committed by the Appellant and have cordial relations with the Appellant. It was stated that both the Appellants may be released on the basis of the sentence already undergone by them. Both the victims also filed Affidavits in support of the application moved by them.

(3.) THE offence punishable under Section 307 IPC in case hurt is caused to any person is punishable with imprisonment for life or imprisonment which may extend to ten years and fine. The Appellant has been sentenced to undergo RI for a period of five years and to pay fine of Rs.1,000.00 or in default to undergo SI for three months. As per the nominal roll received on 15.04.2012 the Appellant had already served imprisonment for five months and 22 days and had earned remission of one month and ten days. The period of another ten months has passed. Thus, inclusive of remission, the Appellant has been in custody for a period of about 17-18 months.