Criminal Appeal No.1040-SB of 1998 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Appeal No.1040-SB of 1998 Date of decision : 19.9.2008 Har Lal and another .....Appellant Versus State of Haryana ...Respondents **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr.Kanwal Satbir Singh, Advocate for the appellant Bani Singh. Mr. S.S.Mor, Senior Deputy Advocate General, Haryana for respondent-State. **** S. D. ANAND, J. The appellants (Har Lal and Bani Singh) were convicted by the then learned Additional Sessions Judge, Rohtak, vide judgment dated 16.10.1998, for an offence under Section 307 read with Section 34 IPC and were sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.1000/- each. In the context of the charge under Sections 323/34 and 325/34 IPC, learned Trial Court observed as under:- “However, it may be added that since offence under Section 307/34 of the Indian Penal Code is made out, separate conviction under Sections 323/34 and 325/34 IPC for the very same injuries of Ashok Kumar cannot not be recorded, as Criminal Appeal No.1040-SB of 1998 -2- **** conviction for graver offence is being recorded.” In the recording of impugned finding, the learned Trial Court placed implicit reliance upon the ocular presentation in the statement of injured PW-11 Ashok Kumar.. Apart from finding that the ocular segment was in complete accord with the medical segment, the learned Trial Court further noticed that injuries no. 1 to 3 on the person of PW-11 Ashok Kumar had been appropriately found to be dangerous to life. The impugned occurrence had been witnessed by Gopi Ram (father of injured Ashok Kumar) and Raghbir Singh. Out of them, former died before he could be examined at thetrial; while the latter was given up as having been won over by the appellants. Dilbagh, yet another accused tried alongwith appellants, was acquitted on a finding of benefit of doubt. Insofar as the appellant Har Lal is concerned, there is no controversy that he is dead. The appeal filed by him shall stand dismissed as abated. Learned counsel for the appellant Bani Singh indicated, at the very outset, that he does not press the appeal on merits. Learned counsel very fairly conceded that he had not been able to find any lacune in the ocular presentation made by PW-11 Ashok Kumar and the medical segment. In the light thereof, the finding of indictment recorded against appellant Bani Singh shall stand affirmed, particularly when the impugned finding has been found to be well reasoned and worthy of affirmation. The finding of conviction recorded by the learned Trial Judge qua Bani Singh shall stand affirmed. However, I do find force in the plea of the learned counsel for the appellant Bani Singh that a dilution is called for in the context of the sentence awarded to appellant Bani Singh. It is evident from Criminal Appeal No.1040-SB of 1998 -3- **** the record that the impugned occurrence had taken place on 3.7.1994. The appellant (Bani Singh) faced the trial for a period of about four years. The present appeal is pending since 1998. In the circumstances of the case, the sentence awarded to appellant Bani Singh is reduced to rigorous imprisonment for two years. The other part of the sentence shall stay intact. Disposed of accordingly. September 19, 2008 (S. D. ANAND) Pka JUDGE