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1991 DIGILAW 1557 (ALL)

Guru Murai v. State of U. P

1991-12-25

S.R.BHARGAVA

body1991
JUDGMENT S.R. Bhargava, J. - These two 'revisions, admitted on the point of sentence only, have arisen from the same judgment of the two lower courts and for avoiding repetition are being disposed of by a common judgment. 2. Prosecution story was that revisionists Lalji, Guru Murai and one Lalloo had an eye on 'the daughter of victim Shanti Devi. On the night between 30th and 31st May, 1982 at about 2 a.m., when Shanti Devi her husband and son were sleeping on the chabutra at their house, all the three emerged. Lalji had a bottle of Acid. On the exhortation of Guru Murai and Lalloo, Lalji poured Acid on Shanti Devi resulting into disfiguring of her face and causing blindness. Both the lower courts believed the prosecution story. Trial court convicted Lalji with offence under Section 326 I.P.C. and Guru Murai and Lalloo with offence under Sections 326/34 I.P.C. It sentenced all the three of them to rigorous imprisonment for three months and fine of Rs. 5.000/-. It allowed compensation of Rs. 10,000/- to Smt. Shanti Devi. In appeal the lower appellate court gave' benefit of doubt to Lalloo because husband of Shanti Devi did not name Lalloo for exhortation. The lower appellate Court acquitted Lalloo, but maintained conviction and sentences of Guru Murai and Lalji. Learned lower appellate court reduced the compensation payable to victim to Rs. 5,000/-, 3. They then preferred the present revisions in this court. 4. It appears that before being released on bail Guru Murai had been in jail for several months and Lalji had been in jail for still longer period. I have heard learned counsel for the revisionist. What appears is that on the date of the offence, Lalji was only 172 years old, whereas Guru Murai was about 23 years old. It is evident that the offence was committed in youth and the motive of the offence was nothing but vulgar expression of youth. Since the offence, both the revisionists have become matured. They must have been married and begotten children. Now I do not think that sending them to jail again shall serve any useful social purpose of reformation or indictment. Considering all the circumstances of the case I partly allow these revisions and reduced the jail sentences of the revisionists to the period already undergone. Sentence of fine of revisionist Guru Murai is confirmed. Now I do not think that sending them to jail again shall serve any useful social purpose of reformation or indictment. Considering all the circumstances of the case I partly allow these revisions and reduced the jail sentences of the revisionists to the period already undergone. Sentence of fine of revisionist Guru Murai is confirmed. Sentence of fine of Lalji is modified to fine of Rs. 7,000/-. Out of the fine realised from the revisionists a sum of Rs. 8,000/- shall be paid as compensation to victim Smt. Shanti Devi. If the revisionist have not yet deposited fine they shall do so within a month.