State of
U.P. Vs. Amar Gond & Ors. [2009] INSC 1267 (22 July 2009)
Judgment
CRIMINAL
APPELLATE JURISDICTION CRIMINAL APPEAL NO.292 OF 2002 State of Uttar Pradesh
...Appellant(s) Versus Amar Gond and Ors. ...Respondent(s) With Criminal Appeal
No.1289 of 2009 (Arising out of S.L.P. (Crl.) No.1650 of 2003)
O R D E R
Criminal
Appeal No.292 of 2002:
Heard
learned counsel for the parties.
Amar
Gond, Respondent No.1, is stated to have died. The appeal against him stands
abated and the same is, accordingly, dismissed.
So far as
other accused persons are concerned, in our view, the order of acquittal passed
by the High Court against them cannot be said to be perverse in any manner. The
appeal against Respondent Nos.2 to 4 fails and the same is, accordingly,
dismissed.
Respondent
Nos.2 to 4, who are on bail, are discharged from the liability of bail bonds.
Crl.A.
No.1289/2009 @ S.L.P. (Crl.) No.1650 of 2003:
Delay
condoned.
Leave
granted.
Heard
learned counsel for the parties.
The
appellant was convicted by the Trial Court under Section 302 of the Indian Penal Code,
1860, [hereinafter referred to as "I.P.C."]
and sentenced to undergo imprisonment for life. He was further convicted under ...2/-
-2- Sections 307 and 323 I.P.C. and sentenced to undergo imprisonment for a
period of seven years and six months respectively. All the sentences, however,
were ordered to run concurrently. On appeal being preferred, the High Court
converted the conviction from Section 302 I.P.C. to Section 304 Part-II I.P.C.
and sentenced the appellant to undergo rigorous imprisonment for a period of
three years and to pay fine of Rupees ten thousand; in default, to undergo
further imprisonment for a period of six months. So far as convictions under
Sections 307 and 323 I.P.C. are concerned, the High Court set aside the same.
Hence, this appeal by special leave.
Learned
counsel appearing on behalf of the appellant in support of the appeal submitted
that the appellant has remained in custody for a period of more than six months
and as the occurrence had taken place thirty two years' ago, in the facts and
circumstances of the present case, the sentence of imprisonment awarded against
him may be reduced to the period already undergone by him. We feel that, in the
facts and circumstances of the present case, prayer is reasonable and must be
granted.
Accordingly,
the appeal is allowed in-part and, while upholding the conviction of the
appellant, the sentence of imprisonment awarded against him is reduced to the
period already undergone by him.
The
appellant, who is on bail, is discharged from the liability of bail bonds.
......................J. [B.N. AGRAWAL]
......................J. [G.S. SINGHVI]
......................J. [H.L. DATTU]
New Delhi,
July 22, 2009.
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