Heard the learned counsel.
Trial Court convicted the two appellants along with Ram Auwtar and Dau
Pandey under Section 395 of the Indian Penal Code, 1860, and sentenced them to
undergo rigorous imprisonment for a period of seven years. On appeal being
preferred, High Court upheld the conviction. Challenging their conviction, the two
appellants filed this appeal by special leave.
During the pendency of this appeal, Appellant No.1 Janga Lohar died; as
such, appeal filed by him abated. So far as Appellant No.2, Hira Lohar, is concerned,
it appears from the record that he has remained in custody for a period of about two
years. In the facts and circumstances of the case, we are of the view that it would be
just and expedient in case the sentence of imprisonment awarded against him is
reduced to the period already undergone by him.
...2/-
Accordingly, it is directed that the appeal filed by Janga Lohar abated and
is disposed of as such. So far as the appeal filed by accused Hira Lohar is concerned,
the same is allowed in-part and, while upholding the conviction, sentence of
imprisonment awarded against him is reduced to the period already undergone by
him.
Appellant No.2, who is on bail, is discharged from the liability of bail
bonds.
[G.S. SINGHVI] New Delhi, December 10, 2008.