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2018 DIGILAW 1270 (SC)

Rakesh Kumar @ Rakesh Yadav v. State Of Madhya Pradesh

2018-08-09

R.BANUMATHI, VINEET SARAN

body2018
ORDER 1. For the custodial death of one Sardar, the appellant - Ashok Kumar Jain and the appellant-Rakesh Kumar @ Rakesh Yadav were convicted under Section 330 read with 34,IPC and sentenced to undergo rigorous imprisonment for five years. They were also imposed sentence of one year under Section 210 read with 34, IPC. 2. Even though many contentions were raised in the ground of appeal(s), learned counsel for the appellants primarily confined his submissions only on the quantum of sentence. 3. Learned counsel for the appellants submitted that the occurrence was of the year 1988 and both the appellants have crossed the age of 60 and that A-1 viz. Ashok Kumar Jain, the then S.H.O is now suffering paralytic attack. It is further submitted that both the appellants were dismissed from service and prayed for leniency. 4. Considering the submissions and taking into account that the occurrence was of the year 1988, the sentence of imprisonment imposed upon the appellants is reduced to three years (including remission). 5. The reduction of sentence is in the peculiar facts and circumstances of the present case and the same may not treated as precedent. 6. The appellants shall surrender within a period of four weeks from today to serve out the remaining sentence, failing which they shall be taken into custody. 7. The appeals are partly allowed.