High Court Punjab-Haryana High Court

Criminal Appeal No.47-Sb Of 1998 vs State Of Haryana on 19 November, 2008

Punjab-Haryana High Court
Criminal Appeal No.47-Sb Of 1998 vs State Of Haryana on 19 November, 2008
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