Raj Kapur vs State of Punjab

Mehtab S. Gill, J.

Raj Kapur and Mukesh Kumar appellants alongwith their coaccused Jagdish Kumar were tried for offences punishable under Sections 307, 452, 324, 323/34 and 109 of the Indian Penal Code by the Additional Sessions Judge, Ludhiana. Vide judgment dated December 22, 1987, Jagdish Kumar coaccused was acquitted while Raj Kapur and Mukesh Kumar appellants were convicted under Sections 452, 324 and 232 read with Section 34 of the Indian Penal Code and sentenced as under vide order dated December 22, 1987.

Raj Kapur appellant under Section 452 IPC Three years rigorous imprisonment and to pay a fine of Rs. 500/. In default of payment of fine, to further undergo three months rigorous imprisonment.

Under Section 324/34 IPC One year rigorous imprisonment.

Under Section 323/34 IPC Three months rigorous imprisonment.

Mukesh Kumar appellant under Section 452 IPC Three imprisonment rigorous imprisonment and to pay a fine of Rs. 500/ and in default of payment of fine to undergo three months rigorous imprisonment.

Under Section 324/34 IPC One year rigorous imprisonment.

Under Section 323/34 IPC Three months rigorous imprisonment.

All the substantive sentences of imprisonment have been ordered to run concurrently.

Both the appellants feeling aggrieved have filed two separate Criminal Appeal Nos. 2SB and 6SB of 1988 which are being disposed of by this order.

No one has appeared on behalf of the appellants to lay challenge on the conviction part of the judgment. The learned trial court considered all the pros and cons of the prosecution case in its elaborate judgment and has given cogent reasons for basing the conviction of the appellants. I find no reason to take a different view. Therefore, the conviction of the appellants is confirmed.

The occurrence in this case relates to the year 1987. The question that remains for determination is as to what is the sentence which should be imposed on the appellants. Since 1987, the appellants have been undergoing the agony of this criminal prosecution. They must have also suffered physically, mentally and economically. I am not oblivious of the fact that the appellants have been denied their fundamental right as enshrined in Article 21 of the Constitution of India. This right of speedy and expeditious trial is one of the most valuable and cherished right of an accused. In these circumstances, judicial compassion plays an important role and the appellants are liable to be compensated for the mental agony which they had suffered on account of protracted trial.

For the aforementioned reasons, I reduce the substantive sentences of imprisonment awarded to the appellants on various counts to the one already undergone by them. However, the sentence of fine imposed on each of the appellants shall remain intact.

Both the Criminal Appeals are disposed of in the manner indicated above.

The appellants shall stand discharged from their bail bonds and surety bonds, if any.

JUDGMENT accordingly.