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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL     APPEAL     NO.       1699         OF     2012   (SPECIAL LEAVE PETITION (CRL.)NO.4867 OF 2012)  

  DILIP KUMAR VERMA       APPELLANT VERSUS

  STATE OF UTTAR PRADESH  RESPONDENT WITH

CRIMINAL     APPEAL     NO.      1700        OF     2012   (SPECIAL LEAVE PETITION (CRL.)NO.5430 OF 2012)  

  KULDEEP VERMA        APPELLANT VERSUS

  STATE OF UTTAR PRADESH  RESPONDENT O     R     D     E     R   

1. Delay condoned.

2. Leave granted.

3. These appeals are filed against the impugned  judgment and order dated 02.03.2012 passed by the High  Court of Judicature at Allahabad in Criminal Appeal  No.1652 of 2010, whereby the High Court has dismissed the  appeal preferred  by the appellants and upheld the  conviction and sentence of the appellant -Dilip Kumar  Verma for commission of offence under Section 27 of the  Arms Act, Sections 504 and 506, part 2, I.P.C. and Section

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3 (i)(x) of the Scheduled Castes and Scheduled Tribes Act  (‘S.C.& S.T. Act’  for short) and in case of appellant,  Kuldeep Verma, is concerned, the High Court has upheld the  conviction and sentence awarded by the Trial Court  punishable under Sections 504 and 506, part 2, I.P.C. and  under Section 3(i)(x) of S.C.& S.T. Act.  The Trial Court  has sentenced both the appellants to 5 years of rigorous  imprisonment and imposed fine of Rs.10,000/- on each of  them.  

4.  While entertaining these petitions, we had issued  limited notice confining only to the sentence that is  awarded by the Courts below.

5. We have heard Shri Altaf Ahmed, learned Senior  Counsel for the appellants and Shri Ratnakar Dash, learned  Senior Counsel for the State.   

6. Having heard learned Senior Counsels for the  parties to the lis, in our considered opinion, the  sentence awarded by the Courts below requires to be  modified in view of the peculiar facts and circumstances  of the case.  Accordingly, we modify the order passed by  the Courts below by reducing the sentence from a period of  5 years to 3 years for the offences punishable under

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Section 27 of the Arms Act, and Section 506, part 2,  I.P.C. as against appellant - Dilip Kumar Verma; and for a  period of 5 years to 3 years for the offence punishable  under Section 506, part 2, I.P.C. as against appellant  viz. Kuldeep Verma. The sentence shall run concurrently.  However, the fine imposed for each of the offences afore- said so also the sentence awarded for other offences shall  remain the same.  

The Appeals are disposed of accordingly.

.......................J. (H.L. DATTU)

.......................J. (CHANDRAMAULI KR. PRASAD)

NEW DELHI; OCTOBER 17, 2012