Criminal Appeal against conviction and sentence under IPC. Parties reached a compromise; Complainant consented to sentence reduction. Court maintained conviction but reduced imprisonment sentence to the period already undergone.
Sentence of imprisonment reduced to the period already undergone by the appellant.
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Crl. Misc. No. S-2506-SB of 2011 (O&M)
In the High Court of Punjab and Haryana at Chandigarh
Crl. Appeal No. S-2506-SB of 2011 (O&M) Date of Decision: 22.11.2012.
Ajay Kumar
Appellant
Versus
State of Punjab
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Annkur Soni, Advocate for Mr. K.S.Kahlon, Advocate for the appellant.
Mr. K.D.S.Sidhu, Addl. A.G., Punjab. Complainant in person along with Ms. Sumanjit Kaur, Advocate. ****
SABINA, J.
Appellant had faced the trial under Section 376, 323, 325, 341, 354, 506 of the Indian Penal Code (' IPC ' for short) in FIR No. 56 dated 16.5.2009, registered at Police Station City Hoshiarpur. The trial Court vide judgment/order dated 6.9.2011 ordered the conviction and sentence of the appellant under Section 323, 325 IPC, Hence, the present appeal was filed by appellant Ajay Kumar.
Learned counsel for the appellant has submitted that now with the intervention of relatives and friends, parties have arrived at a compromise. Learned counsel for the appellant has not challenged the conviction of the appellant under Section 323/325 IPC but has submitted that the sentence qua imprisonment of the appellant be reduced to already undergone by him.
The said request made by the learned counsel for the
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Crl. Misc. No. S-2506-SB of 2011 (O&M)
appellant has not been opposed by learned counsel for the complainant.
Complainant is also present in person and has admitted the factum of compromise between the parties and has stated that she has no objection if the sentence qua imprisonment of the appellant is reduced to already undergone by him.
Accordingly, the conviction of the appellant under Section 323/325 IPC is maintained. However, sentence qua imprisonment of the appellant is reduced to already undergone by him.
Appeal stands disposed of accordingly.
(SABINA) JUDGE
November 22, 2012 Gurpreet
2 issues framed by the court
Whether the sentence of imprisonment of the appellant be reduced to the period already undergone by him given a compromise between parties.
Whether the appellant can be entitled to reduction in sentence in light of a compromise.
1 provisions across 1 enactments
Ajay Kumar
State of Punjab
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
