CRLA/91/2011 of JASVEER Vs STATE OF UTTARAKHAND AND ORS

CRLA No.91 of 2011

Hon’ble Rajiv Sharma, J.Hon’ble Sharad Kumar Sharma, J.

Mr. Vivek Shukla, Advocate, for the

appellant.

Mr. D.K. Sharma, Sr. Dy. Adv. General, for the State.

Mr. Ramji Srivastava with Mr.

Rajendra Singh, Advocates, for the convicts.

In sequel to judgment dated 10.7.2017,

the convicts have been produced in the Court by S.I. Rajvir Singh.

Learned Advocates appearing on behalf of the convict Suresh submits that their client is suffering from Lung Cancer. He is under treatment at Sir Ganga Ram City Hospital, New Delhi as well as at Rajiv Gandhi Cancer Institute & Research Centre, Delhi. The doctors have refused to operate upon him taking into consideration his advanced state of disease.

Learned Advocates for the accused further submit that lenient view may be taken since all the convicts are the real brothers.

In view of the facts and circumstances of the case, the convicts Naresh, Ashish @ Sheshraj and Rajendra are sentenced to five years’ R.I. with fine of Rs.5,000/- u/s 307 IPC and in default of payment of fine, to undergo one month simple imprisonment.

All the convicts Naresh, Suresh Ashish @ Sheshraj and Rajendra are sentenced to six months’ R.I. u/s 323/34 IPC and to pay fine of Rs.500/- and in default of payment of fine, to undergo fifteen days’ imprisonment. All the convicts are further sentenced to two years’ R.I. u/s 324/34 IPC and to pay fine of Rs.500/- and in default of payment of fine, to undergo fifteen days’ imprisonment. All the convicts are further sentenced to one year R.I. u/s 504 IPC and to pay fine of

Rs.1,000/- and in default of payment of fine, to undergo one month simple imprisonment. Taking into consideration the disease suffered by convict Suresh i.e. Advanced stage of Lung Cancer, he is sentenced to undergo two years’ R.I. u/s 307 IPC. However, the State Government is directed to admit the convict Suresh at Civil Hospital, Roorkee taking into consideration his advanced stage of Cancer. The State Government is directed to provide all the medical facilities to the convict Suresh at Civil Hospital, Roorkee. The State Government is also directed to ensure that he is taken to Sir Ganga Ram City Hospital, New Delhi or at Rajiv Gandhi Cancer Institute & Research Centre, Delhi, as and when advised by the doctors.

The convict Suresh be taken to the Civil Hospital, Roorkee in an Ambulance. It is made clear that as and when his health improves, he shall be lodged in the Jail at Roorkee but with medical facilities. The wife or any close member of family of convict Suresh is permitted to stay with him to look after him in the hospital alone. It is made clear that as and when Suresh is to be carried to Delhi, the State Government shall provide the Ambulance free-of-cost.

All the sentences, awarded to the convicts, shall run concurrently.

Copy of judgment dated 10.7.2017 as well as of this order be provided to all convicts free-of-cost today itself.

(Sharad Kumar Sharma, J.) (Rajiv Sharma, J.) 17.07.2017

Rdang