JAGDISH Vs. THE STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated Nov. 30, 1983 passed by the learned Additional Sessions Judge No. 2, Hanumangarh. By that judgment the appellants were convicted for the charges under sections 458, 395 and 323 Penal Code and sentenced to live years R.I. and a fine of Rs. 500.00; in default of payment of fine to undergo six months R.I. on the first count, seven years R.I. and a fine of Rs. 500.00; in default of payment of fine to undergo six months R.I. on the second count and three months R.I. on the third count.

(2.) At the commencement of the arguments, the learned counsel for the appellants submitted that he does not want to press the appeal on merits but in view of the facts and circumstances of the case, specially that appellants Phoolsingh @ Amritlal, Nihalsingh @ Rajendra and Gangaram are in custody since March 7, 1983, the date of their arrest and Jagdish @ Nandan and Ghasi Ram @ Banwari since Aug. 22, 1982, the date of their arrest, a lenient view may be taken and the sentences awarded to the appellants may be reduced to the period they had remained in custody so far.

(3.) The learned Public Prosecutor does not contest the prayer for a lenient approach being taken in the case and reduction of the sentences but his submission is that the sentences, if, should be adequate to the crime committed by the appellants.