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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

Criminal Appeal  No(s).  914 of 2017

SURENDER SINGH                                     Appellant(s)

                               VERSUS

THE STATE OF HARYANA & ORS.                        Respondent(s)

J U D G M E N T

BANUMATHI, J.:

(1) This appeal arises out of judgment and order dated 3rd

July, 2015 passed by the High Court of Punjab and Haryana at

Chandigarh in Criminal Appeal NO.2084 of 2003 in and by which

the High Court has affirmed the conviction of the appellant-

accused under Sections 436, 429, 323 and 506 I.P.C. and also

the sentence of imprisonment of seven years imposed upon the

appellant.

(2) The case of the prosecution is that during the intervening

night of 24th/25th November, 2000, the appellant Surender Singh

and his real brother, Jai Bhagwan, alleged to have set fire to

the house of the complainant-Sandeep (PW-4) who was at that

time studying in Class-XII.  Further case of the prosecution is

that Sandeep’s father, Inder Singh, was away on his work and

Sandeep  son  of  Inder  Singh  was  alone  in  the  house  at  the

relevant point of time and before Sandeep could let loose the

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cattle, two buffaloes, one she calf and one off-spring of the

buffalo  sustained  burn  injuries  and  subsequently  they  died.

The  complainant-Sandeep  also  got  burn  injuries  in  the  said

incident.

(3) Based  on  the  evidence  of  Sandeep  (PW-4)  and  other

evidence, the Trial Court convicted the appellant and his real

brother-Jai Bhagwan under Sections 436, 429, 323 and 506 I.P.C.

and sentenced each of them imprisonment for seven years. In

appeal,  the  High  Court  confirmed  the  conviction  and  the

sentence of imprisonment imposed upon the appellants.

(4) The earlier S.L.P.(Crl.)No.7705 of 2015, preferred by co-

accused-Jai Bhagwan, was dismissed by this Court vide Order

dated 21st September, 2015; the review petition filed by Jai

Bhagwan also came to be dismissed.

(5) Mr.  Rajat  Sharma,  learned  counsel  appearing  for  the

appellant, submitted that subsequent to the said occurrence a

village panchayat was convened and that as per the decision of

the village panchayatas an amount of Rs.9,00,000/- (Rupees Nine

Lakhs) was paid to the affected party, namely, the complainant

party-Inder Singh (father of Sandeep).  Learned counsel for the

appellant prayed for reduction of sentence by urging to take

note  of  that  subsequent  development.   It  was  submitted  by

learned  counsel  for  the  appellant  that  the  appellant  had

already undergone imprisonment of about three years and three

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months.  Even though the notice was ordered to the complainant-

parties  to  inform  the  Court  about  the  receipt  of  the

compensation of Rs.9,00,000/- (Rupees Nine Lakhs) in lieu of

the  damages,  the  complainant-parties  have  not  entered

appearance.

(6) Since the occurrence was of the year 2000 and taking note

of  the  subsequent  development  that  a  compensation  of

Rs.9,00,000/-  (Rupees  Nine  Lakhs)  has  been  paid  to  the

complainant-party (Inder Singh), the sentence of imprisonment

of seven years imposed upon the appellant is reduced to five

years.

(7) In the result, the sentence of imprisonment imposed upon

the appellant is reduced to five years and the appeal is partly

allowed.  The appellant is directed to surrender to custody

within a period of six weeks from today to serve the remaining

sentence failing which he shall be taken to custody.

(8) A copy of this order be sent to the concerned Trial Court

for necessary action.      

..........................J.                 (R. BANUMATHI)

..........................J.         (INDIRA BANERJEE)

NEW DELHI, OCTOBER 11, 2018.