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| HC reduces sentence of convict after 18 years trial, appeal period | | |
JAMMU, AUGUST-23 - Justice Virender Singh of Jammu & Kashmir High Court Jammu wing, in a criminal appeal filed by Moti Ram who was convicted and sentenced by the Sessions Judge Udhampur on February 27, 1999 and awarded one year RI and fine of Rs 5000 u/s 326 RPC and six months imprisonment and fine of Rs 1000 u/s 452 RPC, has reduced the sentence u/s 326 RPC to six months only.
The accused/appellant Moti Ram was involved in a case which was committed on August 12, 1989 and injured one Tej Ram. The Trial Court after 10 years awarded sentence to the accused. Against the said judgment the accused filed a criminal appeal in the High Court in the year 1999, which was decided in the month of August 2007 after eight years.
While reducing the sentence Justice Virender Singh, after hearing Adv Babu Ram Sharma appearing for appellant and Additional Advocate General Mr. BS Salathia appearing for the state, observed that the Court is conscious of the fact that the trial of this case took long 10 years which again is not being appreciated by this Court and Court is also conscious of the fact that the disposal of the instant appeal has also taken eight years and speedy justice is the right of the accused, which goes up to the appellate stage as enshrined under Article 21 of the Constitution of India. The fact that the occurrence had taken place many years back and it is a case of protracted trial. But all these factors have to be appreciated in the light of pain and sufferings of injured. Therefore, considering all the facts, the accused, however deserves some reasonable reduction in sentence part from the main charges under section 326 RPC and ends of justice would be adequately met if the sentence of one year, recorded by the Trial Court u/s 326 RPC, is reduced to six months only. Substantive sentence of six months u/s 452 RPC shall, however, remain intact. Both the sentences would run concurrently. The fine on both the counts shall remain as it is and would be disbursed to the injured in the event of recovery, the Court ordered. JNF
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