NACHATTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 1.6.1995 passed by Additional Sessions Judge, Bathinda, whereby he convicted the appellant under Section 306 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and he was ordered to pay a fine of Rs. 5,000/-; in default thereof, he was further directed to undergo rigorous imprisonment for a period of one year. However, all the remaining four accused, namely, Makhan Singh, Parsin Kaur, Chhinder Pal and Gurmit Kaur were acquitted of the charges framed against them.

(2.) LEARNED counsel, at the very outset, contends that he does not challenge the conviction of the appellant on merits and confines his arguments only on the point of quantum of sentence. Learned counsel further submits that a case under Sections 306 of the Indian Penal Code was registered against the appellant in the year 1986. The present appellant was convicted by the order of Additional Sessions Judge, Bathinda on 1.6.1995. Thereafter, he filed an appeal before this Court in the year 1995 and now a considerable period of 21 years has elapsed from the date of commission of the offence. Learned counsel further submits that during this period, the appellant has been facing mental agony of the protracted trial and a sword of conviction has been persistently hanging over his head since then. Learned counsel prays that a lenient view be taken against the appellant since he is cultivator by profession and he has already suffered imprisonment for more than five months during the trial of the case as also after his conviction passed by Additional Sessions Judge, Bathinda. Learned counsel has further submitted that keeping in view the facts and mitigating circumstances of the appellant, some leniency by way of mercy be shown in the matter of sentence against the appellant.

(3.) I have considered the submissions raised by the learned counsel appearing for the appellant. It is no doubt true that on account of the pendency of the appeal for a long period, the appellant has been facing mental agony persistently for the last 12 years, but keeping in view the nature of the offence and the circumstances under which the offence was committed and also keeping in view the age factor of the appellant, who must have now crossed over 60 years of age since he was stated to be 47 years of age at the time of passing the order of conviction by the trial Court, I am of the view that the ends of justice would be met if a lenient view is taken against the appellant. Accordingly, taking a lenient view in the matter of sentence against the appellant, I direct that conviction against the appellant under Section 306 of the Indian Penal Code shall be maintained and the period of sentence of five years awarded by the learned trial Court is reduced to two years. The appellant, who is on bail, is directed to be taken into custody, who shall surrender himself before the concerned Court to serve out the remaining sentence imposed by this Court. However, the period of sentence already undergone by the appellant, while remaining in custody, shall be set off out of the sentence awarded by this Court.