Delhi High Court
Ramesh Chand Aggarwal vs State Nct Of Delhi on 21 August, 2023
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.REV.P. 894/2022
RAMESH CHAND AGGARWAL ..... Petitioner
Through: Mr. Harish Pandey, Adv.
Versus
STATE NCT OF DELHI ..... Respondent
Through: Mr. Digam Singh Dagar, APP and SI
Sunder, PS Nangloi.
% Date of Decision: 21.08.2023.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J. (Oral)
CRL.M.(BAIL) 750/2023 & CRL.REV.P. 894/2022
1. The present revision petition has been filed assailing the
order/judgment dated 12.12.2022 whereby the learned Principal
District and Sessions Judge, Tis Hazari Court (West District) upheld
the conviction recorded by the learned MM-04, West District, Tis
Hazari Courts, Delhi vide order dated 16.09.2020 however reduced the
sentence.
2. The learned MM vide order on sentence dated 21.09.2020 has
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:24.08.2023
15:26:16
sentenced the petitioner to simple imprisonment ('SI') for a period of 2
years and also sentenced to pay a fine of Rs. 10,000/- to be given as
compensation to the family of the victim.
3. However, learned Principal District and Sessions Judge vide order
dated 12.12.2022 reduced the sentence awarded by the learned Trial
Court and petitioner was directed to undergo simple imprisonment for a
period of 6 months and also to pay a fine of Rs. 1,000/- and in default
of payment of fine under Section 279 IPC simple imprisonment for a
period of one week and to pay a fine of Rs. 25,000/- and in default of
payment of which, he shall undergo simple imprisonment for a period
of 3 months under Section 304A IPC, which fine amounts be released
to LRs of the deceased, namely Karan under Section 357 Cr.P.C.
4. Learned Principal District and Sessions Judge also extended the benefit
of Section 428 Cr.P.C.
5. Learned counsel for the appellant states at bar that fine has already
been deposited. Learned counsel states that he is not challenging the
convictions and submits that a lenient view may be taken on sentence.
6. As per the nominal role dated 09.08.2023 the appellant has already
undergone custody for a period of 7 months and 26 days and his
behaviour has remained satisfactory.
7. I have gone through the order of learned Sessions Judge and learned
MM. I consider that there is no ground to interfere in the order of
conviction. However, the sentence is reduced to the extent period
already undergone.
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:24.08.2023
15:26:16
8. Hence the revision petition is partly allowed and the petitioner is
sentenced to the period already undergone. Petitioner is directed to be
released if not required in any other case.
9. In view of the submissions made, the present revision petition along
with the application stand disposed of.
10. Copy of this order be sent to concerned Jail Superintendent.
DINESH KUMAR SHARMA, J
AUGUST 21, 2023/AR
Signature Not Verified
Digitally Signed By:RAJ
BALA
Signing Date:24.08.2023
15:26:16
