QUANTUM OF SENTENCE Cr.Appeal No.362 of 1997 Decided on October 1, 2010 15.11.2010 Present:- Mr.R.K.Sharma,Senior Additional Advocate General, with Mr.Rajinder Dogra, Additional Advocate General, for the appellant- State. Both the convicts with Mr.Anup Rttan, Advocate. Mr.Sanjay Jaswal, Advocate, for the L.Rs of victim/deceased Salochna Devi. Heard the prosecution and the defence on the quantum of sentence. Whereas, it is submitted on behalf of the prosecution that the convicts, who have been held guilty under Section 325 read with Section 34 IPC, may be dealt with appropriately, taking into consideration the facts and circumstances of the case, the convicts pray that they may be dealt with leniently and with compassion. According to convict No.1 Mehar Chand, he is aged about 85 years. The occurrence dates back to April, 1995. He alongwith co-convict was acquitted by the trial court way back on 28.2.1997. Convict No.2 Puran Chand submits that he has two small children and is only bread earning member in the family. It is submitted on behalf of both the convicts that they are first offenders and have no criminal past. Taking into consideration the facts and circumstances of the case, and on over all view of the matter, we proceed to sentence convict No.1 Mehar Chand to imprisonment till rising of the Court and to pay fine of Rs.10,000/- (Rupees ten thousand only), which on realization, shall be payable as compensation to the legal representatives of the injured / victim Smt. Salochna devi (since deceased) in equal shares, failing which he shall suffer rigorous imprisonment for six months. We further sentence convict No.2 Puran Chand to suffer rigorous imprisonment for two years and to pay fine of Rs.1000/- (Rupees One thousand only) and in default of payment of fine to suffer further simple imprisonment for three months. Convict No.1 Mehar Chand prays that he may be permitted to deposit the amount of fine by tomorrow i.e. 16th November, 2010. Prayer considered and allowed in the interest of justice. Let jail warrant qua convict No.2 Puran Chand be prepared accordingly. (R.B.Misra), J. November 15, 2010. (V.K.Sharma), J. (Purohit) At this state Mr. Anup Rattan, Advcate, for convict No.2 Puran Chand has moved an application Cr.M.P. No. 910 of 2010 in Criminal Appeal No. 362 of 1997, under Section 389(3) Cr.P.C. for suspension of sentence. Heard. Since all the conditions for suspension of sentence, i.e., that the convict has been sentenced to imprisonment for a term not exceeding three years, the offence for which he has been convicted is bailable one and during the trial he was on bail are fulfilled, the above sentence imposed upon him today is suspended for a period of one month from today subject to his furnishing personal bond in the sum of Rs. 10,000/- (Rupees ten thousand only) with one surety in the like amount to the satisfaction of the Additional Registrar (Judicial) by tomorrow, i.e., 16th November, 2010, undertaking to produce the orders suspending the sentence imposed upon him from the Hon’ble Appellate Court or else surrender before the trial court to undergo the sentence so awarded. (R.B.Misra), J. November 15, 2010. (V.K.Sharma), J. (Purohit