Gajram And Others vs State
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Allahabad High Court

Gajram And Others vs State on 9 May, 2024

Author: Subhash Chandra Sharma

Bench: Subhash Chandra Sharma

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:84014
 
Court No. - 81
 

 
Case :- CRIMINAL APPEAL No. - 2309 of 1981
 

 
Appellant :- Gajram And Others
 
Respondent :- State
 
Counsel for Appellant :- P.N. Misra,Raghuvansh Misra,Rahul Misra
 
Counsel for Respondent :- A.G.A.
 

 
Hon'ble Subhash Chandra Sharma,J.
 

Heard learned counsel for the appellants as well as learned A.G.A. and perused the material on record.

This criminal appeal has been filed by the appellants with a prayer to allow this appeal passed by III Additional District & Sessions Judge, Bareilly order dated 30.09.1981 in S.T. No. 178 of 1981 under Section 307/34 I.P.C., Police Station Faridpur, District Bareilly and set aside the judgment and order passed by the learned trial court and acquit the appellants.

It is submitted by learned counsel for the appellant No. 2 that in this case the appellant no. 2 (Bechey) aged about 77 years is still alive and two other appellants No. 1 and 3 have died, as a result appeal against them has already been abated.

It is further submitted that the appellant no. 2 was convicted and sentenced in S.T. No. 178 of 1981 under Section 307/34 I.P.C. for a period of 4 years rigorous imprisonment by order dated 30.09.1981. Till now, 43 years have elapsed and the present appellant no. 2 is ill and bedridden. In case, he is sent to jail no purpose will be served. He without touching the merit of the case limited his argument only to the extent of sentence in view of aforesaid situation of the case. He also submits that reasonable compensation may be determined on the place of imprisonment.

Learned A.G.A. has no objection in this regard.

Considering the facts and circumstances of the case, submissions made by learned counsel for the appellant as well as learned A.G.A., material on record, and the sentence, it appears that the appellant no. 2 is aged about 77 and suffering from physical ailments and is bedridden. No any fruitful purpose will be served by sending him to jail. As per custody certificate, he has served the sentence about six months in jail. In such circumstances, this Court is of the opinion that the sentence of imprisonment be converted into compensation and the period of sentence undergone by him.

As a result, the sentence is modified to the extent of period appellant no. 2 remained in jail and Rs. 10,000/-which will be paid either to the injured or his survivors.

Accordingly, this appeal for appellant no. 2 Bechey is partly allowed.

Trial court record be returned back with copy of this order for compliance.

Order Date :- 9.5.2024

Suraj Srivastav