FAEEM Vs. STATE

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 06.04.2004, passed by the learned ASJ in SC No.95/2003, arising out of FIR No.90/2000 registered at PS Geeta Colony under Sections 302/324/120B/34 IPC. The appellant herein was arrayed in the case as accused No.1. Under the impugned judgment, the appellant and two coaccused were convicted for the offence punishable under Sections 302/324/34 IPC. Vide order dated 08.04.2004, on the point of sentence, each of the three co-accused were sentenced to life imprisonment for the offence punishable under Sections 302/34 IPC and were directed to pay fine of Rs.20,000/- each. In default of payment of fine, the accused were sentenced to undergo SI for 2 years each. They were also sentenced to undergo RI for 2 years each for the offence punishable under Sections 324/34 IPC. Both the sentences were directed to run concurrently.

(2.) The present appeal directed against the impugned judgment and order on sentence was admitted for regular hearing on 07.12.2004. In the year 2009, the appellant moved an application (Crl. M.C. 9483/2009) praying inter alia for quashing the order of sentence and for referring his case to the Juvenile Justice Board for disposal, as a case under Juvenile Justice (Care and Protection of Children) Act, 2000 (in short, J. J. Act, 2000). Notice was issued on the said application on 07.08.2009 and vide order dated 27.01.2010, it was directed that the issue raised in the application would be taken up at the time of hearing the appeal.

(3.) Mr. Sumeet Verma, learned counsel for the appellant states that in the meantime, the appellant had been released on bail vide order dated 07.07.2009. As per the Nominal Roll on record, as on 12.06.2009, the appellant had undergone the sentence for a period of 8 years 7 months and 9 days and earned remission for a period of 1 year 7 months and 10 days.