Excelsior Correspondent
Srinagar, May 16: High Court recorded that delay in the trial of hearing appeal against the conviction in the attempted murder case is no ground for reduction of sentence awarded by the trial court.
Justice Sanjeev Kumar dismissed the appeal of an accused involved in an attempt of murder case citing that mere protraction in trial or delay in decision of the appeal is not a ground for reducing the sentence as awarded by the trial court. “I do not find any ground to interfere in the impugned judgment of conviction and order of sentence passed by the trial court. The appeal fails and the same is, accordingly, dismissed”, court concluded.
The counsel appearing for the appellant-accused argued that the occurrence has taken place more than 11 years back and the appellant has faced trial for about four years and this appeal is pending for the last more than six years as such these factors constitute good enough ground to reduce the sentence imposed upon the appellant.
Since the accused is in interim bail, court directed him to surrender before the trial court within a period of fifteen days from today for serving the remaining sentence. “Once the appellant surrenders before the trial court, he shall be sent to jail for serving the balance sentence. In case the appellant fails to surrender before the trial Court within the aforesaid period, the trial Court shall secure his presence through coercive measures and send him to jail for serving the balance sentence”, court directed.
Coming to the facts of the case court said, the appellant has been convicted of causing death of a young student who must have been the only hope of his parents and a bright future was waiting in wings for the deceased but his life was cut short due to the act committed by the appellant, thereby leaving the parents of the young boy weeping and wailing for the rest of their lives.
Court on the circumstances in which the crime has been committed by the appellant said, the same do not warrant much leniency in the matter of imposing sentence upon him and the trial court has been considerate enough in not awarding maximum punishment to the appellant and instead imprisonment of only seven years has been awarded against him.
The appeal was filed against the judgment of conviction passed by the Principal Sessions Judge on 23.05.2015 whereby the accused was convicted of offence under Section 304 Part II of RPC and in proof of the said offence, he has been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1.00 lakh.
As per prosecution case in 2011, a report was lodged SHO, P/S concerned, alleging therein that one Danish Farooq was on his way to school and was attacked by accused persons, including the appellant with clubs. It was alleged that as a result of this attack, the deceased received fatal injuries and that all the three accused had hatched a conspiracy to kill the deceased.
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