High Court Punjab-Haryana High Court

Prem Singh vs State Of Haryana on 4 September, 2009

Punjab-Haryana High Court
Prem Singh vs State Of Haryana on 4 September, 2009
CRA-775-SB of 1996                                                1

In the High Court for the States of Punjab and Haryana at Chandigarh.



             CRA-775-SB of 1996
             Decided on Sept 04,2009.



Prem Singh                                         -- Appellant


                   vs.


State of Haryana                                   --Respondent.

CORAM:HON’BLE MR.JUSTICE RAKESH KUMAR JAIN

Present: Mrs.Monika Jalota,Amicus-Curiae, for the appellant

Mr.Amit Khatkar,AAG,Haryana, for the respondent.

Rakesh Kumar Jain, J:

This appeal is directed against the judgment dated 02.11.1996

passed by learned Addl.Sessions Judge (IV), Faridabad, whereby the

appellant has been held guilty and convicted under Section 324 IPC and

against the order of sentence dated 05.11.1996, whereby he has been

sentenced to undergo two years’ rigorous imprisonment and a fine of

Rs.1000/-. In default of payment of fine, he was further ordered to undergo

R.I. for three months. It was further ordered that the fine, if realized, shall

be paid to injured Lalit Kumar.

Though this appeal was filed by the appellant through

Sh.Suvneet Sharma, Advocate, but on 29.4.2009, Mr.Gaurav Goel,

Advocate, appeared and sought an adjournment to file vakalatnama and to
CRA-775-SB of 1996 2

address arguments. It was pointed out by Mr. Goel, that Mr. Suvneet

Sharma, Advocate, who had filed this appeal has since been appointed as

Additional Advocate General, Haryana. Since Mr.Goel, Advocate, did not

appear on 15.5.2009, therefore, the Court appointed Mrs.Monika

Jalota,Advocate, as Amicus-Curiae to assist the Court.

Learned Amicus-Curiae has put in appearance before the

Court and submitted at the outset that she does not want to argue on the

issue of conviction, therefore, the same is hereby maintained. However,

she argued on the point of quantum of sentence and submitted that the

appellant was 19 years of age at the time of alleged offence which was

committed in the heat of passion as his younger brother was beaten by the

complainant in the School. It is further submitted that FIR was registered as

far back as in the year 1993, and since then, 16 years have passed but

through out this period, sword of conviction and criminal proceedings were

persistently hanging on the head of the appellant. It is also admitted that

out of two years’ sentence, the appellant has already suffered 7 months

during the course of trial. It is, thus, prayed that the sentence suffered by

the appellant may be reduced to the period already undergone but with some

increase in the fine.

The facts of the case need not be recapitulated as the learned

counsel for the appellant has not argued on merit. However, there is no

denial of the fact that at the time of alleged occurrence which took place in

the year 1993, the appellant was 19 years of age which is mentioned in

his statement recorded under Section 313 Cr.P.C.

It is an admitted fact that the appellant has already suffered 7

months of sentence out of total two years’ sentence. Now the appellant must
CRA-775-SB of 1996 3

be 35 years of age and must be a family man.

In view of the fact that 16 years have passed since the date of

alleged occurrence in which the appellant has suffered agony of protracted

trial which continued up to the year 1996 and also of the present

proceedings in which about 13 years have been spent, I feel that it would

be in the interest of justice if rest of the sentence awarded to the appellant

is ordered to have undergone by him. However, keeping in view the

injuries suffered by the injured, I am of the view that the appellant should

pay a sum of Rs.5000/- more towards compensation to injured Lalit Kumar

besides the amount of fine of Rs.1000/- already paid by him. The amount

of compensation shall be paid by the appellant within two months from the

date of receipt of the certified copy of this Court’s order. In case of non-

deposit of fine, this appeal shall stand dismissed automatically. The appeal

is thus disposed of in the manner indicated above.

Sept 04,2009                                     (Rakesh Kumar Jain)
RR                                                     Judge