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1995 DIGILAW 599 (RAJ)

Gyarsa v. State of Rajasthan

1995-07-12

N.L.TIBREWAL

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Honble TIBREWAL, J. – This revision petition may be disposed of at the stage of admission as the learned counsel appearing for the petitioner has restricted his argument on the question of sentence only. (2). The petitioner was convicted under Sections 323 and 325 I.P.C. for causing injuries to the injured Bhairu. The trial Court sentenced him to undergo three months simple imprisonment and to pay fine of Rs. 200/- under section 323 and one months S.I. in default of payment of fine. Under Section 325 I.P.C. the accused was sentenced to 1 years simple imprisonment and a fine of Rs. 500/-. In default of payment of fine, the accused was sentenced to 2 months simple imprisonment. The appellate Court i.e. Addl. Sessions Judge, Alwar, while maintaining the convic tion of the petitioner sentenced him three months simple imprisonment and to pay a fine of Rs. 500/- under section 325 I.P.C. and to pay a fine of Rs. 200/- under Sec. 323 I.P.C. (3). Learned counsel contended that the petitioner has already remained in custody for 43 days and taking into consideration all the facts and circumstances, the sentence of imprisonment be reduced to the period already undergone and in lieu thereof, the sentence of fine be increased. (4). Taking into consideration all the facts and circumstances, the age of the petitioner and the fact that he is a rickshaw puller, I think it just and proper to reduce the sentence of imprisonment from 3 months simple imprisonment to the period already undergone by him and in lieu thereof, the sentence of fine is increased to Rs. 2,000/- from Rs. 500/- under Section 325 I.P.C. The conviction and sentence under Sec. 323 I.P.C. is maintained. (5). Consequently, this revision is allowed in part. The conviction of the petitioner under Sections 323 and 325 I.P.C. is maintained. However, the sentence of imprisonment awarded under section 325 I.P.C. by the lower Appellate Court is reduced to the period already undergone by him and in lieu thereof, the sentence of fine is increased from Rs. 500/- to Rs. 2000/-. In default of payment of fine he shall undergo simple imprisonment for three months. The sentence of fine and imprisonment in default of payment of fine under Sec. 323 as awarded by the lower Appellate Court is maintained. Two months time is granted to deposit the amount of fine in the trial Court. 500/- to Rs. 2000/-. In default of payment of fine he shall undergo simple imprisonment for three months. The sentence of fine and imprisonment in default of payment of fine under Sec. 323 as awarded by the lower Appellate Court is maintained. Two months time is granted to deposit the amount of fine in the trial Court. If the amount of fine is realised, Rs. 2,000/- shall be paid to the injured Bhairu immediately. The petitioner shall be released forthwith if not wanted in any other case. In case the fine is not deposited within the specified period, the concerned trial Court shall take steps for his arrest to serve out the sentence in default of payment of fine.