Surender Singh vs State of Haryana

T.H.B. Chalapathi, J.

This appeal is directed against the conviction and sentence imposed on the appellant by the learned Additional Sessions Judge, Bhiwani by his order dated 10.8.1995.

The accused was prosecuted for the offences under Sections 307 and 379 I.P.C. According to the case of the prosecution the accused caused injuries to one Bhagirath with an intention to cause his death and also committed theft of a bicycle. The learned Additional Sessions Judge framed charges against the accusedappellant for the aforesaid offences. In order to prove the guilt of the accused, the prosecution examined the victim Bhagirath as PW5 and an eye witness Randhir Singh as PW6. The Doctor who examined Bhagirath was examined as PW9. The evidence of PW9 clearly proves the injuries on the victim Bhagirath and the evidence of eye witness clearly indicates that the accused caused injuries and also took away the bicycle of the victim.

After going through the evidence of PW5 and PW6, I do not find any ground to disbelieve their version, I, therefore, confirm the conviction imposed on the appellant. The accusedappellant was sentenced to undergo Rigorous Imprisonment for five years under Section 307 I.P.C. and further sentenced to undergo R.I. for six months under Section 307 I.P.C. Both the sentences were directed to run concurrently.

It is brought to my notice that the accused was in jail from 13.6.1994 till he was granted bail by this Court on 13.3.1997. Therefore, he had completed sentence of three years and he is entitled to remission.

In the circumstances of the case, I convert the sentence of the appellant to undergo imprisonment for the period already undergone by him. The bail bonds of the appellant stand cancelled. If for any reason, the appellant is still in jail for not furnishing the bail bonds as per orders of this Court dated 13.3.1976, he shall be released forthwith if not required to be detained in any other case.

This appeal is, accordingly, disposed of.