JUDGMENT 1. - This appeal by Sultan and seven others is directed against the judgement dated 16th June, 1971 of the learned Additional Sessions Judge Sikar in Sessions Case No. 12 of 1971. The learned Judge sentenced each of the appellant for the offences under Section 147, 323 and 447, Indian Penal Code and awarded two years rigorous imprisonment under Section 147, Indian Penal Code one year rigorous imprisonment under Section 323 and to three months rigorous imprisonment under Section 447, Indian Penal Code. All the sentences were ordered to run concurrently. 2. At the time of admission, the learned Judge admitting for appeal observed that the sentences awarded in this case are severe and, therefore, the appeal was admitted by him only on the question of adequacy of sentence. 3. In village Bopia the land bearing Khasra No. 86/1, 87/2 was claimed by the Harijans, namely Chandra, Natha, Roshan, Kashi etc. as their 'khatedari' land. It appears that this land was being cultivated by them for a number of years. On 12th July, 1968 when these Harijans went to plough the disputed land, the accused party put obstruction in their way as they claimed the land to be a pasture land of the village. The accused-appellants used force and inflicted injuries on Chandra, Natha, Roshan & Kashi. Dena had a 'farsi' in his hand, whereas the other persons were armed with lathis. Chandra complainant is said to have been struck from the blunt side of 'farshi', as on medical examination it was found that he had lacerated wound. The appellants Sultan and Ramawatar have,however, admitted that they gave beating to the complainant party, because, they wanted to get the land from the unlawful possession of the Harijans. The other accused persons have, however, not admitted the use of force against the complainant party. 4. From the perusal of the judgement of the trial Court, and the documentary evidence produced at the trial it is clear that the fields in question were cultivated by the Harijans in their own rights. Some litigation, no doubt was going on between the parties in the Revenue Courts; but the judgement of the Court below shows that the disputed fields were not the village grazing grounds as Khasra No. 86/1 has been shown as village pasture land in the revenue record. 5.
Some litigation, no doubt was going on between the parties in the Revenue Courts; but the judgement of the Court below shows that the disputed fields were not the village grazing grounds as Khasra No. 86/1 has been shown as village pasture land in the revenue record. 5. The incident took place in the year 1968, and since then, it is urged by the learned counsel for the appellants that the appellants have been defending themselves, and have been facing the agonies of a prolonged trial. It is, therefore, urged that after six years of the incident no useful purpose would be served if the appellants are sent to jail. He also contended that the learned Judge, who admitted this appeal, however, realised that the sentences awarded to the appellant were severe. Therefore, he has prayed that if the substantive sentence of imprisonment is converted into that of fine, the ends of justice would be amply met. 6. Learned Public Prosecutor, however, urged that awarding of sentence is entirely a matter of discretion of the Court, and therefore, he did not express his view about the adequacy of the sentence. Looking to the circumstances that six years have already elapsed since the incident had taken place and that the parties have now reconciled to the position, and further no dispute is likely to be raised again in connection with these fields. I feel that ends of Justice would be amply met if the substantive sentence of imprisonment awarded to the appellants on each count are set aside, and instead a consolidated fine of Rs. 500/- is imposed on each of the appellants. Since Chandra, Natha, Roshan and Kashi sustained injuries during the incident, each from one of them may be paid compensation of account of Rs. 200/- each from the fine that will be realised from the accused-appellants. 7. For the reasons mentioned above, the appeal is partly allowed, conviction of the appellants under Sections 147, 323 and 447, Indian Penal Code is maintained, but instead of sending them to Jail, their sentences of imprisonment are set aside, and it is hereby ordered that each of the accused person shall pay a consolidated fine of Rs. 500/- under all the three accounts. The fine shall be deposited within two months from today. If fine is not deposited each one of the accused shall undergo six months rigorous imprisonment.
500/- under all the three accounts. The fine shall be deposited within two months from today. If fine is not deposited each one of the accused shall undergo six months rigorous imprisonment. Chandra, Natha, Roshan and Kashi may also be informed about this judgement that they are to receive compensation from the amount of fine deposited by the appellants. *******