Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1699 OF 2012
(SPECIAL LEAVE PETITION (CRL.)NO.4867 OF 2012)
DILIP KUMAR VERMA APPELLANT
VERSUS
STATE OF UTTAR PRADESH RESPONDENT
WITH
CRIMINAL APPEAL NO. 1700 OF 2012
(SPECIAL LEAVE PETITION (CRL.)NO.5430 OF 2012)
KULDEEP VERMA APPELLANT
VERSUS
STATE OF UTTAR PRADESH RESPONDENT
O R D E R
1. Delay condoned.
2. Leave granted.
JUDGMENT
3. These appeals are filed against the impugned
judgment and order dated 02.03.2012 passed by the High
Court of Judicature at Allahabad in Criminal Appeal
No.1652 of 2010, whereby the High Court has dismissed the
appeal preferred by the appellants and upheld the
conviction and sentence of the appellant -Dilip Kumar
Verma for commission of offence under Section 27 of the
Arms Act, Sections 504 and 506, part 2, I.P.C. and Section
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3 (i)(x) of the Scheduled Castes and Scheduled Tribes Act
(‘S.C.& S.T. Act’ for short) and in case of appellant,
Kuldeep Verma, is concerned, the High Court has upheld the
conviction and sentence awarded by the Trial Court
punishable under Sections 504 and 506, part 2, I.P.C. and
under Section 3(i)(x) of S.C.& S.T. Act. The Trial Court
has sentenced both the appellants to 5 years of rigorous
imprisonment and imposed fine of Rs.10,000/- on each of
them.
4. While entertaining these petitions, we had issued
limited notice confining only to the sentence that is
awarded by the Courts below.
5. We have heard Shri Altaf Ahmed, learned Senior
Counsel for the appellants and Shri Ratnakar Dash, learned
Senior Counsel for the State.
JUDGMENT
6. Having heard learned Senior Counsels for the
parties to the lis , in our considered opinion, the
sentence awarded by the Courts below requires to be
modified in view of the peculiar facts and circumstances
of the case. Accordingly, we modify the order passed by
the Courts below by reducing the sentence from a period of
5 years to 3 years for the offences punishable under
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Section 27 of the Arms Act, and Section 506, part 2,
I.P.C. as against appellant - Dilip Kumar Verma; and for a
period of 5 years to 3 years for the offence punishable
under Section 506, part 2, I.P.C. as against appellant
viz. Kuldeep Verma. The sentence shall run concurrently.
However, the fine imposed for each of the offences afore-
said so also the sentence awarded for other offences shall
remain the same.
The Appeals are disposed of accordingly.
.......................J.
(H.L. DATTU)
.......................J.
(CHANDRAMAULI KR. PRASAD)
NEW DELHI;
OCTOBER 17, 2012
JUDGMENT
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