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1986 DIGILAW 293 (RAJ)

Nand Ram v. State of Rajasthan

1986-04-24

GUMAN MAL LODHA

body1986
JUDGMENT 1. - The appellant, Nandram, has been convicted under S. 325, IPC. for causing grievous hurt to his maternal grand-mother Surji, and under S. 323, IPC for causing simple injuries to maternal uncles Devkaran and Tarachand. He has been sentenced as under : U/s 325, IPC - 1 year's R. I. with a fine of Rs. 50/- in default, 1 month's R. I. U/s 323, IPC - 4 months R. I. 2. The substantive sentences were ordered to run concurrently. 3. The appellant is alleged to have thrown a piece of stone which hit at the forehead of Mst. Surji on account of which she fell down unconscious and died thereafter and no other injuries were caused by Nandram. It is on account of these circumstances that the appellant has been convicted under S. 325 and 323, IPC, only. 4. Shri J.P. Goyal, the learned counsel for the appellant, has not challenged the merits so far as involvement of the accused is concerned but concentrated on the question of sentence. According to him, the dispute arose in a very casual manner between the family members and Nandram was quarrelling with his mother and at that time, maternal grand mother tried to conceal his mother so that Nandram may not cause injuries. 5. Shri Goyal submitted that they are villagers and belong to tribes community i.e. Bakhariya. Shri Goyal further submitted that the appellant has already remained in jail for 6 months and 9 days out of one year and, therefore, it would not be in the interest of justice to send him to jail in such case. 6. Shri K.N. Shrimal, the learned Public Prosecutor has opposed this appeal. 7. I have carefully gone through the record of the case and considered the rival contentions of the learned counsel for the parties. In my opinion, the conviction of the appellant is well sustained on the evidence on record. However, so far as the punishments is concerned, it is true that casual family dispute between mother and son resulted in this tragedy. Here again Nandram has not caused fatal injuries. 8. In view of this, reduction of the sentence to that already undergone would meet ends of justice, with increase of fine. 9. However, so far as the punishments is concerned, it is true that casual family dispute between mother and son resulted in this tragedy. Here again Nandram has not caused fatal injuries. 8. In view of this, reduction of the sentence to that already undergone would meet ends of justice, with increase of fine. 9. In the result, this appeal is partly allowed to the extent that while maintaining the conviction of the appellant under Sections 325 & 323, IPC and reducing the sentence to a period that already undergone by the appellant, the fine is increased under section 323 IPC, to Rs. 500/- and u/s 325, IPC, to Rs. 500/-. This fine amount as and when realised by the trial court from the appellant, would be paid as compensation to the injured Dev Karan, and Tarachand in equal proportion, 6 months time is allowed from the date of receipt of the record by the trial court to deposit fine. 10. The appellant is on bail and need not surrender. His bail bonds are cancelled. The trial court would ensure the payment of compensation to the injured.Appeal partly allowed. *******