NISAR Vs. STATE

JUDGEMENT

(1.) THE appellants Nisar (A -1), Firoz (A -2) and Wahid (A -3) impugn a judgment dated 29.11.2011 of learned Addl. Sessions Judge in Sessions Case No. 73/2010 arising out of FIR No.263/08 registered at Police Station Mayur Vihar by which they were convicted for committing offences punishable under Section 452/307/34 IPC. By an order on sentence dated 14.12.2011, they were awarded rigorous imprisonment for three years with fine Rs.500/ - each under Section 452/34 IPC; and rigorous imprisonment for five years with fine Rs.1000/ - each under Section 307 IPC. Both the sentences were to run concurrently.

(2.) BRIEFLY stating the facts of the case are that on 15.08.2008 at about 08.30 P.M. a quarrel took place between the appellants and the complainant -Taj Khan and the appellants inflicted injuries in furtherance of common intention to him (Taj Khan) by a knife on his neck in an attempt to murder him. Abdul Sattar Khan (PW -3) went to the spot on hearing the commotion and was also given beatings. Both were taken to Lal Bahadur Shastri hospital for medical examination. After recording Taj Khan's statement (Ex.PW -2/A), the Investigating Officer lodged First Information Report. Statements of the witnesses conversant with the facts were recorded. The trial resulted in the conviction of the appellants as aforesaid.

(3.) A -3's nominal roll dated 09.04.2013 reveals that he has suffered custody in this case for one year, eleven months and two days besides earning remission for five months and fourteen days as on 13.04.2013. He was enlarged on bail by an order dated 18.04.2013. He has clean antecedents and is not involved in any criminal case. A -2's nominal roll dated 09.04.2013 reveals that he has suffered incarceration one year, five months and twenty six days besides earning remission for five months and fourteen days as on 13.04.2013. He was also enlarged on bail by the same order. He was also not a previous convict and has no criminal case registered against him. A -1's nominal roll dated 09.04.2013 reveals that he has suffered incarceration one year, four months and twenty five days besides earning remission for five months and fourteen days as on 13.04.2013. He was also not having any criminal background and his overall jail conduct was satisfactory. The appellants have offered to pay a reasonable compensation to the complainant for the injuries sustained by him. Considering these mitigating circumstances, the period already undergone by the appellants in custody in this case is taken as their substantive sentence. The appellants shall, however, pay Rs.50,000/ - as compensation to the complainant and shall deposit it within thirty days in the trial court. The amount shall be released to the complainant after notice.