DARSHAN SINGH Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) The Appellant, Darshan Singh, was one of the four who were convicted under Sec. 397, Indian Penal Code, but he was also additionally convicted under Sec. 25 of the Arms Act. Two of them preferred Criminal Appeal No. 260 -SB of 1982 in this Court which was disposed of by me on August 30, 1983. I had altered the conviction of those two accused from one under Sec. 397, Indian Penal Code, to Sec. 392, Indian Penal Code, and reduced their sentence to the period already undergone. The Appellant did not join his co - accused in then filing his appeal. It is as late as on March 7, 1986, that he filed the present appeal moving an application under Sec. 5 of the Limitation Act for condonation of delay in filing the same. Decision in Criminal Appeal No. 260 -SB of 1982 was pressed into service to seek some relief in the appeal. Taking all these facts and circumstances into consideration, the delay was condoned and the appeal was admitted and ordered to be listed out of turn today.

(2.) It has to be decided with reference to the context of Criminal Appeal No, 260 -SB of 1982 and the decision therein kept in view.

(3.) The role of the Appellant was described in the above -referred to case in this manner: -