After 28 Years Of Litigation, P&H HC Cuts Two Men’s Sentences For 1998 Assault To Time Served While Upholding Convictions

The appellants were convicted by the Additional Sessions Judge, Bhiwani, for offences under Sections 307/34, 325/34 and 323/34 of the Indian Penal Code (IPC), arising from an assault at a village bus stand on 28 September 1998.

They were sentenced to five years’ rigorous imprisonment under Section 307/34, with lesser concurrent sentences for the other offences. Appellant No. 3’s appeal had abated.

In the appeal, appellants Nos. 1 and 2 did not challenge their convictions and sought reduction of sentence, relying on the time already served, the passage of more than 28 years, and their conduct since the offence

The convictions were under Sections 307/34, 325/34 and 323/34 IPC, concerning attempt to murder, voluntarily causing grievous hurt, and voluntarily causing hurt, respectively, read with common intention under Section 34 IPC

The Court exercised its appellate jurisdiction to review the sentence and considered the time elapsed, the period already served, the appellants’ prior and subsequent conduct, and their ages when determining whether the sentences should be reduced

Although the appellants confined their challenge to sentence, the Court reviewed the record and found the prosecution evidence consistent and sufficient to sustain the convictions; it therefore declined to interfere with them

On sentence, the Court considered that the incident occurred about 28 years earlier, the appellants had faced prolonged proceedings, Brijpal had served two months and seven days and Sanjay one year and nine months, and neither had been prosecuted for another offence during the intervening period. It also noted their ages and treated the sentence as harsh in the circumstances

Pending miscellaneous applications, if any, were disposed of accordingly.