ITEM NO.107(1) COURT NO.8 SECTION II-C S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s). 1863/2010
MOHINDER PAL & ORS. Appellant(s)
VERSUS
THE STATE OF JAMMU AND KASHMIR Respondent(s)
Date : 12-01-2023 This appeal was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE B.R. GAVAI
HON’BLE MR. JUSTICE M.M. SUNDRESH
For Appellant(s) Mr. Tripurari Ray, Adv.
Mr. B.S. Billowria, Adv.
Mr. Dinesh Kumar Garg, AOR
Mr. Dhananjay Garg, Adv.
Mr. Abhishek Garg, Adv.
Mr. Gurmeet Singh,Adv.
For Respondent(s) Mr. Shailesh Madiyal, AOR
Mr. Vaibhav Sabharwal, Adv.
Mr. Akshay Kumar, Adv.
UPON hearing the counsel the Court made the following
O R D E R
On 12.01.2023, this Court passed the following order:-
Heard Mr. Tripurari Ray, learned counsel appearing for the appellants and Mr. Shailesh Madiyal, learned counsel for the respondent. For the reasons recorded separately, the appeal is partly allowed. The conviction and sentence imposed upon the appellants under Section 302 of the Jammu and Kashmir StateRanbir Penal Code (for short,RPC) is converted to the one under Part-I of Section 304 of the RPC.
1 The appellants have already served a sentence of about ten years, we, therefore, find that the sentence already undergone would serve the purpose. The appeal is, therefore, partly allowed by converting the conviction of the appellants under Section 302 to Part-I of Section 304 of the RPC and sentencing them to the period already undergone by them.
The bail bonds of the appellants shall stand discharged.
The detailed judgment is received and is being uploaded.
Pending application(s), if any, shall stand disposed of.
(NARENDRA PRASAD) (ANJU KAPOOR)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(Signed Reportable judgment is placed on the file)
2 ITEM NO.107 COURT NO.8 SECTION II-C S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s). 1863/2010
MOHINDER PAL & ORS Appellant(s)
VERSUS
THE STATE OF JAMMU AND KASHMIR Respondent(s)
Date : 12-01-2023 This appeal was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE B.R. GAVAI
HON’BLE MR. JUSTICE M.M. SUNDRESH
For Appellant(s) Mr. Tripurari Ray, Adv.
Mr. B.S. Billowria, Adv.
Mr. Dinesh Kumar Garg, AOR
Mr. Dhananjay Garg, Adv.
Mr. Abhishek Garg, Adv.
Mr. Gurmeet Singh,Adv.
For Respondent(s) Mr. Shailesh Madiyal, AOR
Mr. Shailesh Madiyal, Adv.
Mr. Vaibhav Sabharwal, Adv.
Mr. Akshay Kumar, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard Mr. Tripurari Ray, learned counsel appearing for the appellants and Mr. Shailesh Madiyal, learned counsel for the respondent. For the reasons recorded separately, the appeal is partly allowed. The conviction and sentence imposed upon the appellants under Section 302 of the Jammu and Kashmir State Ranbir Penal Code (for short, RPC) is converted to the one under Part-I of Section 304 of the RPC.
The appellants have already served a sentence of about ten years, we, therefore, find that the sentence already undergone would serve the purpose. The appeal is, therefore, partly allowed by converting the conviction of the appellants under Section 302 to Part-I of Section 304 of the RPC and sentencing them to the period already undergone
by them.
The bail bonds of the appellants shall stand discharged.
(NARENDRA PRASAD) (ANJU KAPOOR)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)