Delhi High Court
Sanjay @ Pappu vs State on 27 September, 2012
Author: P.K.Bhasin
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% CRL. REV. P.NO. 654/2009
+ Date of Decision: 27th September, 2012
# JAI PRAKASH ....Petitioner
! Through: Mr. K.B. Andley, Sr. Advocate
with Mr. Lokesh Chandra, Advocate.
Versus
$ STATE ...Respondent
Through: Mr. Sunil Sharma, APP for State
with ASI Raj Singh, PS Vasant Kunj
&
+ CRL. REV. P.NO. 655/2009
# Sanjay @ Pappu ....Petitioner
! Through: Mr. K.B. Andley, Sr. Advocate
with Mr. Lokesh Chandra, Advocate
Versus
$ STATE ...Respondent
Through: Mr. Sunil Sharma, APP for State
with ASI Raj Singh, PS Vasant Kunj
CORAM:
* HON'BLE MR. JUSTICE P.K.BHASIN
JUDGMENT
P.K.BHASIN, J:
These two revision petitions have been filed by the two convicted
accused under Section 397 of the Code of Criminal Procedure against
the common judgment dated 07.10.2009 passed by the learned
Additional Sessions Judge whereby separate appeals filed by them
against the judgment of conviction and order on sentence passed by the
trial Court convicting them for the commission of offence punishable
under Section 326/34 IPC were dismissed and while affirming their
conviction the sentence of five years rigorous imprisonment and fine of
Rs.10,000/- awarded to both of them was also maintained.
2. The facts of the case were noticed by the trial Court in its judgment
dated 06.05.2008 are as follows:-
".....that on 5.1.1997 DD No. 18 B was recorded at PS Vasant Kunj
regarding amputation of foot of a person near Nuclear Sciences Centre, kishan
Garh, Aruna Asaf Ali Road. The DD NO. 18 B was thereafter handed over to SI
Diwan Chand who along with Ct. Shailender Kumar reached the spot where he
came to know that the injured has already been taken to the Safdarjung Hospital
by the PCR Va. SI Diwan Chand left the Ct. Shailender at the spot and himself
went to Safdarjung Hospital where injured Netra Pal was admitted vide MLC No.
177. SI Diwan Chand recorded the statement of the injured Netra Pal in which
he alleged that on 5.1.1997 at about 9 am he had gone to ease himself in the
jungle in front of Nuclear Science Centre, Aruna Asaf Ali Road when accused Jai
Prakash armed with a "PHARSA" accused Pappu @ Sanjay and Arjun armed
with "LATHI" and accused Hambeer with "DANDA‟ and accused Vivek @ Vicky with
„GHANDASA" (now expired) had attacked him. The accused Jai Prakash hit the
complainant/injured with the "PHARSA" as a result of which his left foot was amputated.
The other accused persons also hit the complainant with "LATHI" and "GHANDASA"
as a result of which the injured/complainant received multiple sharp as well as bone
injuries. When the complainant had shouted for help all the accused persons ran away.
The complainant managed to come out of the Jungle and reached a PCR Van which took
him to the Safdarjung Hospital.."
3. After completion of investigation charge-sheet was filed in Court
against four accused persons for different offences including Section 307
IPC but the Sessions Court, on the case being committed to it, did not
find any case under Section 307 IPC made out and so the four accused
were tried by the Additional Chief Metropolitan Magistrate under
Section 326/34 IPC. The trial Court after appraisal of the evidence
adduced by the prosecution as well as the accused persons convicted the
revisionists herein under Section 326/34 IPC while the remaining two
accused were acquitted.
4. Separate appeals were filed by the revisionists in Sessions Court
and both the appeals were dismissed by the appellate Court vide
common judgment dated 07.10.2009. Hence the present revision
petitions came to be filed by the two convicted accused and since both
the petitions were heard together the same are being disposed of by this
common judgment.
5. Learned Senior Counsel Mr. K.B. Andley, appearing for the
petitioners-convicts at the time of hearing of these petitions did not press
the same on merits as far as the conviction of the petitioners is
concerned. He, however, made a fervent plea for showing some leniency
on the point of sentence considering the fact that the petitioners had
already spent almost three and half years in jail in addition to their
undergoing the trauma of criminal proceedings for more than a decade.
When the incident took place and convict Jai Parkash was a young boy
and thereafter he had got married and was blessed with two children
whom he has to look after. Other convict Sanjay @ Pappu also was a
young boy of twenty years at the time of the incident and he after his
marriage was bless with a girl child and he has also to take care of his
family. Mr. Andley also cited on decision of the Hon'ble Supreme
Court reported in (2010) 2 Supreme Court Cases(Crl.) 1025, " Neelam
Bahal & anr. Vs State of Uttarkhand" wherein the conviction of the
convict was converted from Section 307 IPC to 326 IPC and sentence of
imprisonment of two years was reduced to the period already undergone
by the convict which period of incarceration was almost of one year.
6. Learned APP, on the other hand, left it to the discretion of this
Court whether to interfere with the quantum of sentence of the
petitioners-convicts or not.
7. I have gone though the judgments of the two Courts below and I
also find no reason to differ with the conviction of the petitioners and so
their conviction under Section 326/34 IPC is maintained.
8. As far as the sentence part is concerned, considering all the facts and
circumstances pointed out by the learned senior counsel for the
petitioners, the sentence of imprisonment awarded to the petitioners is
reduced to the period already spent by them in jail. However, it is also
ordered that out of the total amount of fine awarded to the two convicts
75% shall be paid to the injured person as compensation. As the
petitioners are presently lodged in jail and serving the sentence of
imprisonment they shall now be released from there.
P.K. BHASIN,J
September 27, 2012
