JUDGMENT H.S. Bhalla, J.:- This appeal is directed against the judgment dated 18.5.1994 passed by Additional Sessions Judge, Barnala, vide which he convicted the appellants under sections 307/323/34 of the Indian Penal Code. Both the appellants were sentenced to undergo rigorous imprisonment for five years each under Section 307/34 of the Indian Penal Code and they were ordered to pay fine of Rs.500/-each; in default thereof, they were further directed to undergo rigorous imprisonment for a period of six months each. Further both the appellants were sentenced to undergo rigorous imprisonment for six months each under Section 323/34 of the Indian Penal Code. Both the substantive sentences of imprisonment were ordered to run concurrently. 2. After arguing the case for some time and realizing that the desired relief, which they want to seek from the Court, is not being granted in favour of the appellants, learned counsel prays that he does not challenge the conviction of the appellants on merits and confines his arguments only on the point of quantum of sentence. Learned counsel further submits that a case under Sections 307/323 read with Section 34 of the Indian Penal Code was registered against the appellants in the year 1993.The present appellants were convicted by the order of Additional Sessions Judge, Barnala on 18.5.1994.Thereafter,he filed an appeal before this Court in the year 1994 and now a considerable period of 14 years has elapsed from the date of commission of the offence. Learned counsel further submits that during this period, the appellants have been facing mental agony of the protracted trial and a sword of conviction has been persistently hanging over their heads since then. Learned counsel prays that a lenient view be taken against the appellants since they are tailor master and labourer respectively by profession and they have already suffered imprisonment for more than seven months during the trial of the Case as also after conviction passed by Additional Sessions Judge, Barnala. Learned counsel has further submitted that keeping in view the facts and mitigating circumstances of the appellants, as also the fact that they have already undergone a period of seven months during the trial of the Case, some leniency by way of mercy be shown in the matter of sentence against the appellants. 3.
Learned counsel has further submitted that keeping in view the facts and mitigating circumstances of the appellants, as also the fact that they have already undergone a period of seven months during the trial of the Case, some leniency by way of mercy be shown in the matter of sentence against the appellants. 3. Since the prayer made by the learned counsel appearing for the appellants has been restricted only on the quantum of sentence, therefore, in order to avoid repetition in the judgment I do. Criminal Appeal N .284-SB of 1994 3 not consider it necessary to recapitulate the facts of the case since they have been narrated in the judgment of the trial Court in details. 4. I have considered the submissions raised by the learned counsel appearing for the appellants. It is no doubt true that on account of the pendency of the appeal for a long period, the appellants have been facing mental agony persistently for the last 14 years and in such like circumstances, in my considered view, no useful purpose would be served, except for creating disturbance now in the peaceful marital life being led by them, in case the appellants are sent to jail to serve out the remaining sentence awarded to them by the learned trial Court. After examining the nature of the case and the circumstances under which the offence was committed and also keeping in view the fact that the appellants have already undergone a total period of 07 months during the trial of the Case as also after their conviction coupled with the present circumstances, as discussed above, I am of the view that the ends of justice would be met if a lenient view is taken against the appellants. Accordingly, conviction against the appellants under sections 307/323 read with Section 34 of the Indian Penal Code is maintained and sentence of imprisonment imposed on the appellants shall stand reduced to the period, which they have already undergone. With the aforesaid reduction in the matter of sentence, appeal is partly allowed. ————————————-