Shashi Bhushan Singh @ Dheman v. The State

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 458/2015 SHASHI BHUSHAN SINGH @ DHEMAN ..... Appellant Through:Mr Anwesh Madhukar and Ms Pranjal Shekhar, Advocates versus THE STATE ..... Respondent Through: Ms Radhika Kolluru, APP for State

CORAM:

JUSTICE S. MURALIDHAR JUSTICE I.S. MEHTA

O R D E R

% 16.01.2018

1. This order should be read in continuation of the judgment dated 8th January 2018 passed by this Court whereby the Court has affirmed the judgment dated 14th November 2014 passed by the learned Additional Sessions Judge-II (ASJ), (North-West) in Session Case No.3 of 2014 arising out of FIR No. 463 of 2013 registered at Police Station ('PS') Aman Vihar convicting the Appellant, Shashi Bhushan Singh @ Dheman, for the offences under Sections 304 (Part-I) and 308 of Indian Penal Code ('IPC').

2. On the question of sentence, this Court had by the said order dated 8th January 2018, called for the nominal roll of the Appellant.

3. The nominal roll dated 11th January 2018 has been received from the CRL.A. 458/2015

Superintendent of Prison, Central Jail No.14, Mandoli, Delhi-93. It shows that the conduct of the Appellant in the last one year has been satisfactory and there is no report of any misconduct or any other pending case against the Appellant.

4. The trial Court had itself noted in the impugned order on sentence dated 17th November 2014 that the Appellant was a young person pursuing his graduate course at the time of the commission of the crime and had completed his graduation during his imprisonment. It is now clear that he has no criminal antecedents and his conduct in jail has been satisfactory.

5. In that view of the matter, the Court modifies the impugned order on sentence dated 17th November 2014 passed by the learned Additional Sessions Judge-II (North-West), Rohini Courts, Delhi and reduces the sentence awarded to the Appellant for the offence under Section 304-I IPC from rigorous imprisonment ('RI') for life to RI for 10 years. The fine amount and the default sentence for the said offence as well as the sentence, fine and default sentence for the offence under Section 308 IPC are left undisturbed.

6. The appeal is disposed of in the above terms. The trial Court record be returned forthwith along with a certified copy of the judgment as well as this order.

S. MURALIDHAR, J.

I.S. MEHTA, J.

JANUARY 16, 2018/rd CRL.A. 458/2015