VINOD AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants were convicted by the learned Trial Judge for an offence under Section 148, 307/149 and 323/149 IPC and appellant Vinod was further convicted under Sections 27,54,59 of the Arms Act and were sentenced to undergo RI as under:- Under Sections Imprisonment In default of fine 148 IPC RI for one year -- 307/149 IPC RI for four years and pay a fine of Rs.500/- One month 323/149 IPC RI for one year -- Appellant Vinod was further sentenced to undergo RI for a period of one year under Sections 27,54,59 of the Arms Act. Learned counsel appearing on behalf of the appellants, at the very outset, states that he does not contest the finding on merits but would request for dilution on the point of sentence awarded by the learned Trial Court in view of the fact that the appellants faced the ordeal of trial for about four years and even present appeal has been pending since the year 2007. It is also pointed out that out of RI for four years, the appellants had already undergone sentence for more than two years eight months and one day.

(2.) I have been through the file. The finding of conviction recorded by the learned Trial Judge is relatable to the material obtaining on the file and cannot be faulted on any valid score. Apart therefrom, finding of conviction has not been contested on merits thereof. In the circumstances of the case the appeal shall stand dismissed on merits thereof. However, the sentence awarded to the appellants shall stand reduced to the period already undergone by the appellants. The amount of fine imposed shall stay intact.