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1987 DIGILAW 919 (RAJ)

Bhoop Ram v. State Of Rajastha

1987-12-09

M.C.JAIN

body1987
JUDGMENT 1. - Heard learned Counsel for the parties. 2. Learned Counsel for the appellant does not challenge the conviction. He, however, urged that the sentence awarded has been severe. 3. The appellant has been convicted under Section 307 Indian Penal Code and has been sentenced to 7 years rigorous imprisonment and to a fine of Rs. 200/-. in default of payment of fine to undergo two months simple imprisonment. He has also been convicted for the offence under Section 450, Indian Penal Code and has been sentenced to 5 years rigorous imprisonment and to a fine of Rs. 200/-, in default to undergo two months simple imprisonment. He has been further convicted under Section 27 of the Arms Act and has been sentenced to three years simple imprisonment and to a fine of Rs. 100/-, in default to undergo one month's simple imprisonment. All the substantive sentences have been ordered to run concurrently. 4. It is a gun-shot case. The shot has been hit in the abdomen. 5. Considering the facts, it would be proper to reduce the substantive sentences for the offence under Section 307 Indian Penal Code to 31/2 years rigorous imprisonment and also for the offence under Section 450 Indian Penal Code to 31/2 year's rigorous imprisonment. 6. Accordingly this appeal is partly allowed. Convictions of the appellant are maintained, However, his substantive sentences for the offences under Section 307 Indian Penal Code and 450 Indian Penal Code are reduced to 31/2 years rigorous imprisonment. Rest of the sentences are maintained. The sentences shall run concurrently.Appeal Partly Allowed. *******