Criminal Appeal No.47-SB of 1998 -1-
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
1. Criminal Appeal No.47-SB of 1998
Date of decision : 19.11.2008
Suresh .....Appellant
Versus
State of Haryana ...Respondent
2. Criminal Appeal No.1072-SB of 1998
Harkesh .....Appellant
Versus
State of Haryana ...Respondent
CORAM : HON'BLE MR. JUSTICE S. D. ANAND
Present: Mr. Animesh Sharma, Advocate for the appellant
in Criminal Appeal No. 47-SB of 1998.
Mr. D.R.Punia, Advocate for the appellant
in Criminal Appeal No.1072-SB of 1998.
Mr.Amit Kaushik, Assistant Advocate General, Haryana.
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S. D. ANAND, J.
Learned counsel for the appellants very fairly concede that
they are not in a position to contest the finding of conviction recorded by
the learned Trial Court. However, they only request for dilution on point of
sentence.
In that context, they point out that the appellants were allowed
bail after they had undergone post-conviction incarceration for a period of
Criminal Appeal No.47-SB of 1998 -2-
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about two years and they had been in custody during the trial as well for a
period of about 1-1/2 years. Learned State counsel does not contest that
factual averment.
It is apparent, on a perusal of the record, that the impugned
finding is supported by the clear, unambiguous and clinching testimony of
PW-1 Moti Lal and PW-1 SI Jit Ram. They were subjected to fairly lengthy
cross examination but their credit does not appear to have been shaken
and impeached in the course thereof.
In view, thus, of the statement very fairly made by the learned
counsel for the appellants and also in view of the fact that finding of
indictment is very reasoned, I have no hesitation in holding that finding of
indictment is worthy of affirmation and it is so ordered accordingly.
However, in view of the fact that the appellants have already undergone
about 3-1/2 years of incarceration out of total awarded sentence of
rigorous imprisonment for four years, interest of justice would be served if
the sentence awarded to them is reduced to already undergone period
and it is so ordered accordingly.
Disposed of accordingly.
November 19, 2008 (S. D. ANAND) Pka JUDGE