JUDGMENT Virender Singh, J. - Vide this judgment, I shall be disposing of Criminal Appeal No. 439-SB of 1993 (Kewal Ram v. State of Punjab), Criminal Appeal No. 483-SB of 1993 (Raj Kumar v. State of Punjab) and Criminal Appeal No. 491-SB of 1993 (Baldev Raj v. State of Punjab) as all the three appeals are arising out of one and the same impugned judgment of learned Additional Sessions Judge, Jalandhar dated 22.10.1993 convicting the present three appellants under Section 304 Part II of the Indian Penal Code and sentencing them to undergo RI for a period of ten years each and to pay a find of Rs. 5,000/- each, in default of payment of fine to further undergo RI for one year each. Fine if recovered was ordered to be paid to the father of the deceased. 2. Although the impugned judgment of conviction is not assailed by any of the appellants on merits and the learned counsel representing the appellants in these three separate appeals have confined their arguments with regard to the quantum of sentence only, yet I feel the necessity of touching the facts of the case briefly. 3. Paramjit Lal is the deceased in this case. Harbans Lal his father, the complainant, herein got an information that his son Paramjit Lal was suffering from small pox. at that time Harbans Lal was employed in Indian Army. After getting 20 days leave, he came to his village. There is a place of worship in village Nussi. Baldev Raj appellant had also visited that place 5-6 days before the present occurrence. Paramjit Lal was taken for paying obeisance to that place. At that time, Baldev Raj had told Harbans Lal that Paramjit Lal was suffering from some sort of evil spirits which was troubling him and offered that the evil spirit could be driven out which would cure Paramjit Lal. It is then the case of the prosecution that on 21.9.1992 at 1.30 PM, Baldev Raj appellant brought Raj Kumar to the place of elders. Harbans Lal with his father Gurbachan Dass took Paramjit Lal at that place where both Baldev Raj and Raj Kumar performed some rituals and at about 8/9 PM they told Harbans Lal that Paramjit Lal could be cured by taking him to his house. Harbans Lal with his father Gurbachan Dass took Paramjit Lal at that place where both Baldev Raj and Raj Kumar performed some rituals and at about 8/9 PM they told Harbans Lal that Paramjit Lal could be cured by taking him to his house. Thereafter both of them took Paramjit Lal inside the room and told Harbans Lal and his wife to move out. Then they bolted the door from inside and started conducting magical rituals which included torturing of deceased Paramjit Lal. Paramjit Lal consequently raised alarm. Harbans Lal and his father Gurbachan Dass asked Baldev Raj and Raj Kumar to open the door but they did not do so saying that door would be opened only when evil spirits are driven out and as such both of them kept torturing him. It is then the case of the prosecution that in the early hours of the day, after opening the door they had declared that the evil spirit has been driven out of Paramjit Lal and that all the family members should rub feet of Paramjit Lal. The family members then started rubbing the feet of Paramjit Lal but he did not regain consciousness and died. Subsequently it was discovered that the aforesaid two persons had tortured the deceased by giving sota and ghotna (wooden log used for grinding) blows as a result of which he died. On the basis of these allegations, the present three appellants were booked. 4. During post-mortem examination, many bruises and abrasions were found on the person of Paramjit Lal. After investigation, the present appellants were challaned. They were charged under Section 302 read with Section 34 Indian Penal Code. After appreciating the entire evidence, they stand convicted under Section 304 Part-II Indian Penal Code. Hence this appeal. 5. Being first Court of appeal, I have gone through the entire evidence minutely. In my considered view, there is no infirmity in the impugned judgment of conviction and the same deserves to be upheld. Ordered accordingly. 6. On the point of quantum of sentence, it is submitted before me that all the three appellants have already suffered the rigour of protracted trial of about 12 years. In my considered view, there is no infirmity in the impugned judgment of conviction and the same deserves to be upheld. Ordered accordingly. 6. On the point of quantum of sentence, it is submitted before me that all the three appellants have already suffered the rigour of protracted trial of about 12 years. It is then contended that the totality of facts and circumstances go to show that the parents of Paramjit Lal had very gladly surrendered before Baldev Raj and Raj Kumar appellants as they themselves wanted that the evil spirits should be driven out of their son and that even if certain injuries have been caused on the person of the deceased, that by itself would not be a ground to impose a very heavy dose of sentence of ten years as awarded by the trial court. It is then contended that Kewal Ram appellant has already undergone two years and five months, Raj Kumar appellant one year and six months whereas Baldev Raj two years of their substantive sentence and as such all the three appellants deserve sympathetic tilt with regard to quantum of sentence. 7. In support of their contentions, the learned counsel rely upon unreported judgment of this Court rendered in Leela Ram and others v. State of Haryana, Criminal Appeal No. 119-SB of 1992 decided on 4.2.2004. 8. Refuting the arguments advanced on behalf of all the appellants, the learned State counsel submits that none of the appellants deserve any concession in the quantum of sentence as a school going young boy of hardly 15 years lost his life at the hands of appellants on account of their brutal act. 9. Having regard to the submissions made by either side, I am of the view that present appellants do deserve reduction in the quantum of sentence. This case has its peculiar facts. It is strange that parents of Paramjit Lal were afraid of the evil spirits when the society has undergone a drastic change in this century. No doubt the act of the present appellants was more or less like a witch craft practice and such type of activities are to be curbed with heavy hand but the complete surrender from the complainant side would certainly be considered as one of the main mitigating circumstances in favour of the present appellants. No doubt the act of the present appellants was more or less like a witch craft practice and such type of activities are to be curbed with heavy hand but the complete surrender from the complainant side would certainly be considered as one of the main mitigating circumstances in favour of the present appellants. Besides this, another fact which cannot escape from the notice of the Court is that all the three appellants have already undergone some reasonable period of their substantive sentence which comes around two years or even more in the case of Kewal Ram and Baldev Raj and less than that period in the case of Raj Kumar. The judgment relied upon by the learned counsel for the appellants in Leela Ram and others case (supra) comes at their rescue so far as reduction in the quantum of sentence is concerned. In the aforesaid case, while relying upon three judgments of Honble Apex Court rendered in Mohammad alias Biliya v. State of Rajasthan, (2000) 10 Supreme Court Cases 486, Mohinder Pal Jolly v. State of Punjab, AIR 1979 Supreme Court 577 and Baldev Singh and another v. State of Punjab, AIR 1996 Supreme Court 372, this Court while maintaining the conviction under Section 304 Part-II Indian Penal Code reduced the sentence to the period already undergone. However, fine was increased. 10. Keeping in view the facts and circumstances of the present case, the ends of justice would be adequately met if the sentence awarded by the trial Court to all the three appellants is reduced to the period already undergone by them. Ordered accordingly. However, the sentence of fine of Rs. 5,000/- each as awarded by the trial court is enhanced to Rs. 10,000/- each. In default of payment of fine, the appellants shall undergo RI for a period of one year. The appellants shall be depositing the enhanced amount with the trial Court within three months from the receipt of certified copy of the order. In case the appellants have already deposited the amount of fine awarded by the trial Court, the same shall be deducted from the enhanced amount. In the event of deposit, the fine shall be disbursed to Harbans Lal, father of the deceased by the trial Court. 11. In case the appellants have already deposited the amount of fine awarded by the trial Court, the same shall be deducted from the enhanced amount. In the event of deposit, the fine shall be disbursed to Harbans Lal, father of the deceased by the trial Court. 11. The learned counsel representing all the three appellants make statement at the bar that they would apply for the certified copy within a week from today. 12. With the modification in the quantum of sentence, as referred to above, all the three appeals bearing Criminal Appeal No. 439-SB of 1993 (Kewal Ram v. State of Punjab), Criminal Appeal No. 483-SB of 1993 (Raj Kumar v. State of Punjab) and Criminal Appeal No. 491-SB of 1993 (Baldev Raj v. State of Punjab) are hereby dismissed. Appeals dismissed.