Full Text
CRL.A. 1079/2011
YUSUF Appellant
Through : Mr. Avadh Kaushik, Adv.
Through : Mr. Yogesh Verma, APP for State with Shri Dharmender, complainant in person
TAUFIQ Appellant
Through :Mr. R.M. Tufail, Mr. Farooq Chaudhary, Mr. Vismal Raj Sehijpal and Mr. Varun Agrawal, Advs.
Through : Mr. Yogesh Verma, APP for State with Shri Dharmender, complainant in person
AND
ASfflSHGOYAL@ASHUBANIYA Appellant
Through Mr. R.M. Tufail, Mr. Farooq
Through Mr. Yogesh Verma, APP for State with Shri Dharmender, complainant in person
AND ;•' •
2015:DHC:10759
JUGAL KISHORE
Through
Through
BABLU
Through
Through Appellant Mr. R.M. Tufail, Mr. Farooq Respondent
Mr. Yogesh Verma, APP for State with person AND
Appellant Mr. R.M. Tufail, Mr. Farooq •and Mr. Varun Agrawal, Advs.
Respondent Mr. Yogesh Verma, APP for State with person
26.05.2015
ORDER
1. All the above appeals arise from the same judgment and order on sentence oftrial court and are being disposed oftogether.
2. Appellants have been convicted under Sections 341/307/34 IPC. Appellants Taufiq and Yusuf have been handed down sentences of rigorous imprisonment of six years with fine of ^15,000/- each and in default of payment of fine to undergo simple imprisonment for a period of one month.; J Appellants Bablu and Jugal Kishore have been awarded sentence of rigorous imprisonment for a period of four years with fine of ^15,000/- each and in default of payment of fine to undergo simple imprisonment for a period of one month. Appellant Ashish Goyal @ Ashu Baniya has been awarded sentence of rigorous imprisonment for a period of three years with fine of?15,000/- and in default of payment of fine to undergo simple imprisonment for one month. Fine is stated to have been deposited by the appellants.
3. Appellant Yusuf has completed the sentence of more than two years. Appellant Taufiq has also completed the sentence of about two years, Appellant Bablu has completed the sentence of two years. Appellant Jugal Kishorehas completed the sentence of six months. AppellantAshish Goyal @ Ashu Baniya has also completed the sentence of about 1'A years.
4. It is pointed out that appellants have settled their disputes with injured person,, namely, Shri Dharmender, who is present in Court today and admits that he has settled the matter with appellants on 6"^ August, 2014, inasmuch as, a Memorandum of Settlement has been executed between them in this regard. Original Memorandum of settlement has been placed on record in Crl. Appeal No. 1197/2011. Appellants have prayed for quashing of the FIR in view of the settlement. However, since appellants have already been convicted on the. basis oftrustworthy and reliable testimonies of the witnesses, more particularly that of complainant and injured, I do not fmd anyjustification to quashthe FIR moreover when guilt of appellants standproved. Pleasereferto Narinder Singh & Ors. vs. State of Punjab 2014 (6) SCC 466. However, I am of the view that settlementcan be takennote of while considering the quantum of sentence.
5. Though Memorandum of Settlement is silent with regard to the compensation to the injured but injured Dharmender has submitted that he has received ^2 Lacs from the appellants. f 6. Keeping in mind that injured has been duly compensated by the %(' appellants towards the medical expenses as also for mental pain and agony suffered by him, the sentences of appellants are reduced to the periods already under gone by them; while affirming their convictions under Sections 341/307/34 IPC.
7. Appellants are on bail. Their personal bonds and surety bonds are discharged.
8. Appeals are disposed of in the above terms. ATK. PATHAK, J. MAY 26, 2015 rb