be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life or to such punishment as mentioned in Section 307 IPC. Thus, in the present case, the accused could have been sentenced to undergo life imprisonment and/or at least up to ten years. The learned trial Court sentenced the accused Banwari Lal to undergo three years rigorous imprisonment. Therefore, as such, the learned trial Court had already taken a very lenient view while imposing the sentence of only three years’ rigorous imprisonment. Therefore, the High Court ought not to have interfered with the same. 14. Though the High Court has not stated anything, from the impugned judgment and order passed by the High Court, it appears that what weighed with the High Court is the submission on behalf of the accused that the occurrence of the incident took place on 31.03.1989, i.e., about 26 years ago; that they were facing trial since last 26 years; and when the occurrence took place, they were young and now they are aged persons. The aforesaid cannot be the sole consideration while awarding an appropriate and/or adequate sentence. Even with regard to the submission on
