# Abdul Jabbar v. The State of Haryana & Ors

- **Citation:** 2024 INSC 99
- **Court:** Supreme Court of India
- **Decided:** 2024-02-05
- **Case number:** Criminal Appeal No. 748 of 2024
- **Bench:** Vikram Nath, Satish Chandra Sharma
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/abdul-jabbar-v-the-state-of-haryana-ors-37516
- **Pages:** 3

## Headnote

Matter pertains to conviction of the appellant for offences punishable
u/s. 323/34 IPC and imposition of three months imprisonment,
as also conviction u/s. 325/34 IPC and imposition of one year
imprisonment with Rs 500/- fine which was modified to three months
imprisonment with Rs 5000/- fine by the High Court.
Headnotes
Sentence/Sentencing - Reduction of sentence - Conviction
of the appellant for offences punishable u/s. 323/34 and u/s.
325/34 - Imposition of three months imprisonment and one
year imprisonment with Rs 500/- fine respectively - High
Court modified the sentence of one year imprisonment with
Rs 500/- fine to three months imprisonment with Rs 5000/-
fine - Correctness:
Held: Considering the totality of circumstances, that the appellant
has undergone almost 1/3rd of his sentence and that the underlying
incident occurred in 2010, the period of almost 13 years gone in
the trial, the appellants' sentence is reduced to the period already
undergone, one month and three days - Impugned order modified
- Penal Code, 1860 - s. 323/34 and s. 325/34. [Para 5, 6]
List of Acts
Penal Code, 1860.

## Text

[2024] 2 S.C.R. 162 : 2024 INSC 99
Abdul Jabbar
v.
The State of Haryana & Ors.
(Criminal Appeal No. 748 of 2024)
5 February 2024
[Vikram Nath and Satish Chandra Sharma, JJ.]
Issue for Consideration
Matter pertains to conviction of the appellant for offences punishable
u/s. 323/34 IPC and imposition of three months imprisonment,
as also conviction u/s. 325/34 IPC and imposition of one year
imprisonment with Rs 500/- fine which was modified to three months
imprisonment with Rs 5000/- fine by the High Court.
Headnotes
Sentence/Sentencing - Reduction of sentence - Conviction
of the appellant for offences punishable u/s. 323/34 and u/s.
325/34 - Imposition of three months imprisonment and one
year imprisonment with Rs 500/- fine respectively - High
Court modified the sentence of one year imprisonment with
Rs 500/- fine to three months imprisonment with Rs 5000/-
fine - Correctness:
Held: Considering the totality of circumstances, that the appellant
has undergone almost 1/3rd of his sentence and that the underlying
incident occurred in 2010, the period of almost 13 years gone in
the trial, the appellants' sentence is reduced to the period already
undergone, one month and three days - Impugned order modified
- Penal Code, 1860 - s. 323/34 and s. 325/34. [Para 5, 6]
List of Acts
Penal Code, 1860.
List of Keywords
Reduction of sentence; Modification of sentence.
Case Arising From
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.748
of 2024
[2024] 2 S.C.R.
163
Omdeo Baliram Musale & Ors. v. Prakash Ramchandra Mamidwar & Ors.
From the Judgment and Order dated 01.05.2023 of the High Court
of Punjab & Haryana at Chandigarh in CRR No.3005 of 2013
Appearances for Parties
Deepkaran Dalal, Karan Singh Dalal, Raunaq Dalal, Advs. for the
Appellant.
Raj Singh Rana, AAG, Samar Vijay Singh, Keshav Mittal, Ms.
Sabarni Som, Fateh Singh, Ms. Nilakashi Choudhury, Advs. for the
Respondents.
Judgment / Order of the Supreme Court
Order
1.
Leave granted.
2.
The decision of the High Court of Punjab & Haryana (the "High
Court") in Criminal Revision Petition bearing number CRR No. 3005
of 2013 is assailed before us.
3.
The Appellant was prosecuted along with 3 (three) other persons
for offences punishable under Section 452, Section 323 and Section
325 of the Indian Penal Code (the "IPC"). Thereafter, vide an order
dated 22.04.2013, the Appellant came to be convicted by the Chief
Judicial Magistrate, Nuh, Haryana (the "Trial Court") in relation to
offences punishable under (i) Section 323 read with Section 34; and
(ii) Section 325 read with Section 34 of the IPC. Accordingly, the
Trial Court sentenced the Appellant as under:
Offence(s)
Period of Sentence
Fine Imposed
323/34 IPC
03 Months
-
325/34 IPC
01 Year
INR 500
(the "Trial Court Order").
4.
The Trial Court Order was assailed before the Additional Session
Judge, Nuh unsuccessfully, and thereafter challenged before the
High Court. Vide an order dated 01.05.2023, the High Court partly
allowed the Criminal Revision Petition i.e., upheld the conviction
recorded by the Trial Court, however, on account of substantial
delay i.e., extending to a period of almost 13 (thirteen) years in the
underlying trial, modified the sentence imposed by Trial Court on
the Appellant, as under:
164
[2024] 2 S.C.R.
Digital Supreme Court Reports
Offence(s)
Period of Sentence
Fine Imposed
323/34 IPC
03 Months
-
325/34 IPC
03 Months
INR 5000
(the "Impugned Order").
5.
Mr. Deepkaran Dayal, learned counsel appearing on behalf of the
Appellant has drawn the attention of this Court to the fact that the
Appellant has undergone almost 1/3rd of his sentence i.e., a period
extending to 1 (one) month; and 3 (three) days. Furthermore, he
has submitted that the underlying offence pertains to 2010 and that
the Appellant was made to suffer the agony of a protracted trial
spanning over 13 (thirteen) years. Accordingly, it was urged before
us that the sentence awarded to the Appellant be reduced to the
period already undergone.
6.
Taking into consideration the totality of circumstances, coupled with
the fact that underlying incident occurred in 2010, the appeal is
allowed in part and the Impugned Order is modified to the extent that
the Appellants' sentence is reduced to the period already undergone
i.e., 1 (one) month; and 3 (three) days.
7.
In view of the aforesaid, I.A. No. 126067 of 2023 i.e., an application
seeking declaration of the Appellant as a juvenile at the time of the
underlying offence, does not require any consideration by this Court.
8.
Pending application(s), if any, shall stand disposed of. No order as
to costs.
Headnotes prepared by: Nidhi Jain
Result of the case:
Appeal partly allowed.