Cr.Appeal No.57 of 1996 22.7.2010 Present: Mr.Rajesh Mandhotra, Dy.A.G for the State. Mr.Ajay Kumar Dhiman, counsel for the accused alonwith the accused. The accused vide judgment dated 4.6.2010 has been convicted of having committed an offence punishable under Section 326, IPC whereby he used a licensed revolver to shoot at victims Manju Kapoor and Deep Kishore and, therefore, also committed an offence punishable under Section 5 of the Indian Arms Act. Today we have heard the accused on the question of quantum of sentence. The accused was acquitted vide judgment dated 17.1.1995 by the learned Sessions Judge, Shimla and this appeal has been decided after 15 years. The accused is definitely not at fault as far as the pendency of this appeal in this Court is concerned. It has been pointed out by Sh.Ajay Kumar Dhiman, learned counsel for the accused that the accused is now 68 years of age. He has to support his wife and one major son who is unemployed. It has also been pleaded that the accused is suffering from serious heart problems. He submits that without prejudice to his defences in the appeal, the act occurred on the spur of the moment and, therefore, leniency be shown in the matter. The incident, in question, occurred in the year 1988. On the one hand, we cannot discount the fact that the case has been pending for almost 22 years. This reflects poorly on our legal system. The pendency of the trial itself is a burden upon the accused. This by itself is also punishment. However, we cannot ignore the fact that the accused used a licensed revolver to shoot at an unarmed lady. Keeping in view the afore-stated facts, this is a fit case where the accused must be granted some sympathy for the long trial which he had to undergo. Keeping in view all the aforesaid facts, we feel that the interest of justice shall be met in case the accused is directed to undergo rigorous imprisonment for a period of three years for the offence punishable under Section 326, IPC and to pay compensation/fine in terms of Section 357 of the Cr.P.C amounting to Rs.50,000/-. In case he fails to deposit this compensation/fine, he shall undergo further simple imprisonment for a period of one year. In case the fine is deposited, the same shall be paid to Mrs.Manju Kapoor. For the offence punishable under Section 5 of the Indian Arms Act, the accused is directed to undergo imprisonment for a period of one year. Both the sentences shall run concurrently. Bail granted to the accused is cancelled. The accused is directed to surrender forthwith. A copy of the judgment as well as this order be given to the accused through his counsel within the course of the day today. The appeal is disposed of. (Deepak Gupta), Judge July 22, 2010(m) (Sanjay Karol), Judge