ABDUL JABBARversusSTATE OF HARYANA & ORS.

           [2024] 2 S.C.R. 162 : 2024 INSC 99

                      Abdul Jabbar
                            v.
               The State of Haryana & Ors.
              (Criminal Appeal No. 748 of 2024)

                         5 February 2024
  [Vikram Nath and Satish Chandra Sharma, JJ.]

                     Issue for Consideration
Matter pertains to conviction of the appellant for offences punishable
u/s. 323/34 IPC and imposition of three months imprisonment,
as also conviction u/s. 325/34 IPC and imposition of one year
imprisonment with Rs 500/- fine which was modified to three months
imprisonment with Rs 5000/- fine by the High Court.

                            Headnotes
Sentence/Sentencing – Reduction of sentence – Conviction
of the appellant for offences punishable u/s. 323/34 and u/s.
325/34 – Imposition of three months imprisonment and one
year imprisonment with Rs 500/- fine respectively – High
Court modified the sentence of one year imprisonment with
Rs 500/- fine to three months imprisonment with Rs 5000/-
fine – Correctness:
Held: Considering the totality of circumstances, that the appellant
has undergone almost 1/3rd of his sentence and that the underlying
incident occurred in 2010, the period of almost 13 years gone in
the trial, the appellants’ sentence is reduced to the period already
undergone, one month and three days – Impugned order modified
– Penal Code, 1860 – s. 323/34 and s. 325/34. [Para 5, 6]

                            List of Acts
Penal Code, 1860.

                         List of Keywords
Reduction of sentence; Modification of sentence.

                        Case Arising From

CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.748
of 2024
[2024] 2 S.C.R.                                                       163

Omdeo Baliram Musale & Ors. v. Prakash Ramchandra Mamidwar & Ors.


     From the Judgment and Order dated 01.05.2023 of the High Court
     of Punjab & Haryana at Chandigarh in CRR No.3005 of 2013

                        Appearances for Parties
     Deepkaran Dalal, Karan Singh Dalal, Raunaq Dalal, Advs. for the
     Appellant.
     Raj Singh Rana, AAG, Samar Vijay Singh, Keshav Mittal, Ms.
     Sabarni Som, Fateh Singh, Ms. Nilakashi Choudhury, Advs. for the
     Respondents.

                Judgment / Order of the Supreme Court
                                  Order
1.   Leave granted.
2.   The decision of the High Court of Punjab & Haryana (the “High
     Court”) in Criminal Revision Petition bearing number CRR No. 3005
     of 2013 is assailed before us.
3.   The Appellant was prosecuted along with 3 (three) other persons
     for offences punishable under Section 452, Section 323 and Section
     325 of the Indian Penal Code (the “IPC”). Thereafter, vide an order
     dated 22.04.2013, the Appellant came to be convicted by the Chief
     Judicial Magistrate, Nuh, Haryana (the “Trial Court”) in relation to
     offences punishable under (i) Section 323 read with Section 34; and
     (ii) Section 325 read with Section 34 of the IPC. Accordingly, the
     Trial Court sentenced the Appellant as under:

           Offence(s)         Period of Sentence        Fine Imposed
           323/34 IPC             03 Months                   -
           325/34 IPC              01 Year                 INR 500
                                                (the “Trial Court Order”).
4.   The Trial Court Order was assailed before the Additional Session
     Judge, Nuh unsuccessfully, and thereafter challenged before the
     High Court. Vide an order dated 01.05.2023, the High Court partly
     allowed the Criminal Revision Petition i.e., upheld the conviction
     recorded by the Trial Court, however, on account of substantial
     delay i.e., extending to a period of almost 13 (thirteen) years in the
     underlying trial, modified the sentence imposed by Trial Court on
     the Appellant, as under:
164                                                          [2024] 2 S.C.R.

                        Digital Supreme Court Reports



             Offence(s)            Period of Sentence     Fine Imposed
             323/34 IPC                 03 Months                 -
             325/34 IPC                 03 Months           INR 5000
                                                    (the “Impugned Order”).
5.     Mr. Deepkaran Dayal, learned counsel appearing on behalf of the
       Appellant has drawn the attention of this Court to the fact that the
       Appellant has undergone almost 1/3rd of his sentence i.e., a period
       extending to 1 (one) month; and 3 (three) days. Furthermore, he
       has submitted that the underlying offence pertains to 2010 and that
       the Appellant was made to suffer the agony of a protracted trial
       spanning over 13 (thirteen) years. Accordingly, it was urged before
       us that the sentence awarded to the Appellant be reduced to the
       period already undergone.
6.     Taking into consideration the totality of circumstances, coupled with
       the fact that underlying incident occurred in 2010, the appeal is
       allowed in part and the Impugned Order is modified to the extent that
       the Appellants’ sentence is reduced to the period already undergone
       i.e., 1 (one) month; and 3 (three) days.
7.     In view of the aforesaid, I.A. No. 126067 of 2023 i.e., an application
       seeking declaration of the Appellant as a juvenile at the time of the
       underlying offence, does not require any consideration by this Court.
8.     Pending application(s), if any, shall stand disposed of. No order as
       to costs.


       Headnotes prepared by: Nidhi Jain                   Result of the case:
                                                          Appeal partly allowed.