Dismissed

Sandeep Kumar @ Deepa v. State of Punjab

Punjab & Haryana HC22 Apr 2014CRA-S/1588/2010

Case brief

AI extract

What is this about?

The appellant, convicted under IPC Sections 397/307, sought sentence leniency citing age and prolonged custody. The court maintained conviction but remitted the substantive term to the period already spent in custody, dismissing the appeal against sentence modification.

What did the court decide?

Sentence reduced to the period already spent in custody; fine and default provisions maintained.

Sandeep Kumar @ Deepa Vs State of Punjab — Service and Employment | Punjab & Haryana HC (2014)

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In the High Court for the States of Punjab and Haryana, at Chandigarh

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Sandeep Kumar alias Deepa

.Appellant

Versus

The State of Punjab

..Respondent

Coram: �� !"��#�$� ��#�"#��

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Present: Mr. Vijay Rana, Advocate for the appellant Mr. A.P.S.Gill, AAG,Punjab for the respondent(State

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Whether Reporters of local papers may be allowed to see the judgment? Yes

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To be referred to the Reporter or not? Yes

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Whether the judgment should be reported in the Digest? Yes ******

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Sandeep Kumar alias Deepa, the appellant herein who was tried, along with Mandeep Kumar alias Deepa, under Sections 397/307/120(B/34 of Indian Penal Code,1860 (for short,'IPC') and, after a full(fledged trial, has been convicted and sentenced to undergo rigorous imprisonment for 10 years with a fine amounting to Rs. 5000/( and in default of payment of fine to undergo further rigorous imprisonment for 3 months under Section 307, IPC, and rigorous imprisonment for 7 years under Section 397, IPC, vide

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Kant Nirmal 2014.04.25 17:39 I am the author of this document high court chandigarh

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judgment of conviction and order of sentence dated 20.5.2010 passed by the learned Sessions Judge, Kapurthala in Session Case No. 26 of 22.9.2008. Mandeep Kumar alias Deepa, however, was acquitted.

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Judgment of conviction and order of sentence dated 20.5.2010 are under challenge in this appeal brought by Sandeep Kumar alias Deepa under Section 374 (2) of the Criminal Procedure Code, 1973 ('Cr.P.C.', for short)

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State is contesting the appeal.

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Learned counsel for the appellant has very fairly conceded that he has nothing to argue as regards findings of conviction recorded by the learned trial Court but prays for leniency as regards quantum of sentence and submits that at the time of registration of the first information report, the appellant was only 21 years old and has been facing the agony of protracted trial, consequent proceedings since the year 2008 and has already spent 6 years 1 month and 19 days in custody. The submission that the appellant has spent 6 years 1 month and 19 days in custody is supported by custody certificate filed on behalf of the respondent( State today in the Court. In view of the fact that age of the appellant was 21 years on the date of registration of the FIR, and that he has spent substantive part of his youthful days in custody, for facing the trial and consequent proceedings, he deserves leniency as regards quantum of sentence.

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In the circumstances, while maintaining the judgment of

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Kant Nirmal 2014.04.25 17:39 I am the author of this document high court chandigarh

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conviction, order of sentence is modified and substantive sentence awarded to the appellant is reduced to the period already spent by him in custody. Sentence as regards fine and default clause are, however, maintained.

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With the aforesaid modification in the order of sentence, the appeal fails and is dismissed.

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April 22,2014 (MAHAVIR S.CHAUHAN) nk �� JUDGE

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Kant Nirmal 2014.04.25 17:39 I am the author of this document high court chandigarh

Sandeep Kumar @ Deepa v. State of Punjab

Case brief

What is this about?

What did the court decide?

Sandeep Kumar @ Deepa v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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