DESH RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide impugned judgment and order dated 9/12.11.2002 Additional Sessions Judge, Narnaul convicted the Appellant under Section 307 IPC and sentenced him to undergo rigorous imprisonment for five years and to pay a fine of Rs. 500/-and in default of payment of fine, to undergo further rigorous imprisonment for two months. The Appellant was further convicted under Section 325 IPC and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 300/-and in default of payment of fine, to undergo further rigorous imprisonment for one month. He was also convicted under Section 323 IPC and sentenced to undergo rigorous imprisonment for four months. All the sentences awarded to him were ordered to run concurrently. The period for which he had already remained in custody during investigation/trial was to be set off against the aforementioned sentences. It may also be mentioned here that eight co-accused of the Appellant were convicted under Section 323 IPC by the trial Court simultaneously with the Appellant but were granted the benefit of probation.

(2.) Against his conviction and sentence, the Appellant filed the present appeal in which he is on bail.

(3.) Learned Counsel for the Appellant has not challenged the judgment of conviction passed by the trial Court. However, he has submitted that even according to the prosecution, the Appellant was not armed with any lethal weapon at the time of occurrence. He was said to have used a lathi in causing injuries. He has further submitted that the Appellant has been facing the agony of protracted criminal proceedings for the last more than 141/2 years. He has to look after his family consisting of three daughters. He is the sole bread winner of his family. Out of the sentence of five years' imprisonment imposed upon him, he has already served a period of about 1 year and 1 month. Therefore, the remaining sentence of imprisonment of the Appellant be set aside.