Full Judgment Text
1
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No(s). 914 of 2017
SURENDER SINGH Appellant(s)
VERSUS
THE STATE OF HARYANA & ORS. Respondent(s)
J U D G M E N T
BANUMATHI, J.:
rd
(1) This appeal arises out of judgment and order dated 3
July, 2015 passed by the High Court of Punjab and Haryana at
Chandigarh in Criminal Appeal NO.2084 of 2003 in and by which
the High Court has affirmed the conviction of the appellant-
accused under Sections 436, 429, 323 and 506 I.P.C. and also
the sentence of imprisonment of seven years imposed upon the
appellant.
(2) The case of the prosecution is that during the intervening
th th
night of 24 /25 November, 2000, the appellant Surender Singh
and his real brother, Jai Bhagwan, alleged to have set fire to
the house of the complainant-Sandeep (PW-4) who was at that
time studying in Class-XII. Further case of the prosecution is
Signature Not Verified
Digitally signed by
MAHABIR SINGH
Date: 2018.10.13
11:34:34 IST
Reason:
that Sandeep’s father, Inder Singh, was away on his work and
Sandeep son of Inder Singh was alone in the house at the
relevant point of time and before Sandeep could let loose the
2
cattle, two buffaloes, one she calf and one off-spring of the
buffalo sustained burn injuries and subsequently they died.
The complainant-Sandeep also got burn injuries in the said
incident.
(3) Based on the evidence of Sandeep (PW-4) and other
evidence, the Trial Court convicted the appellant and his real
brother-Jai Bhagwan under Sections 436, 429, 323 and 506 I.P.C.
and sentenced each of them imprisonment for seven years. In
appeal, the High Court confirmed the conviction and the
sentence of imprisonment imposed upon the appellants.
(4) The earlier S.L.P.(Crl.)No.7705 of 2015, preferred by co-
accused-Jai Bhagwan, was dismissed by this Court vide Order
st
dated 21 September, 2015; the review petition filed by Jai
Bhagwan also came to be dismissed.
(5) Mr. Rajat Sharma, learned counsel appearing for the
appellant, submitted that subsequent to the said occurrence a
village panchayat was convened and that as per the decision of
the village panchayatas an amount of Rs.9,00,000/- (Rupees Nine
Lakhs) was paid to the affected party, namely, the complainant
party-Inder Singh (father of Sandeep). Learned counsel for the
appellant prayed for reduction of sentence by urging to take
note of that subsequent development. It was submitted by
learned counsel for the appellant that the appellant had
already undergone imprisonment of about three years and three
3
months. Even though the notice was ordered to the complainant-
parties to inform the Court about the receipt of the
compensation of Rs.9,00,000/- (Rupees Nine Lakhs) in lieu of
the damages, the complainant-parties have not entered
appearance.
(6) Since the occurrence was of the year 2000 and taking note
of the subsequent development that a compensation of
Rs.9,00,000/- (Rupees Nine Lakhs) has been paid to the
complainant-party (Inder Singh), the sentence of imprisonment
of seven years imposed upon the appellant is reduced to five
years.
(7) In the result, the sentence of imprisonment imposed upon
the appellant is reduced to five years and the appeal is partly
allowed. The appellant is directed to surrender to custody
within a period of six weeks from today to serve the remaining
sentence failing which he shall be taken to custody.
(8) A copy of this order be sent to the concerned Trial Court
for necessary action.
..........................J.
(R. BANUMATHI)
..........................J.
(INDIRA BANERJEE)
NEW DELHI,
OCTOBER 11, 2018.