SANJAY @ SANJU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant appeal has been preferred by appellant against the judgment and order of his conviction and entence by which he has been charge-sheeted, he has been held guilty under Section 326 IPC and has been sentenced to undergo rigorous imprisonment for five years with a fine of Rs.10000/-. In default of payment of fine, he has been directed to undergo further rigorous imprisonment for one year.

(2.) The learned counsel for the appellant, during the course of arguments, has argued that the injury, which has been found grievous, was not on the vital organs of the complainant; the accused is facing the agony of criminal proceedings for the last 14 years and has remained in custody for about 8 months and 19 days in relation to the present occurrence. The complainant-injured can be well compensated in terms of money. Thus, without touching the merits of the case, it is prayed that his sentence be reduced to one as already undergone by him.

(3.) It is a matter of record that the incident pertains to year 1996 and the appellant has undergone the agony of criminal proceedings for all these fourteen years. Keeping in view the aforesaid facts, this Court is of the considered opinion that ends of justice would met if the sentence of the appellant is reduced to the one as already undergone by him that too subject to payment of compensation to the injured.