JUDGMENT 1. - By the judgment and order dated 30.11.1994, the learned Sessions Judge, Jalore, convicted the accused appellant No. 1, Rai Chand, for the offence Under Sections 148 & 307, Indian Penal Code and other accused-appellant Nos. 2 to 7 for the offence Under Sections 148 & 307/149, Indian Penal Code The accused-appellant, Rai Chand, was sentenced to the rigorous imprisonment for one year and fine of Rs. 100/- for the offence Under section 148, Indian Penal Code, while the rigorous imprisonment for 7 years and fine of Rs. 200/- for the offence Under section 307, Indian Penal Code. Rest of the accused-appellants were sentenced for the rigorous imprisonment for one year for the offence Under section 148, Indian Penal Code and fine of Rs. 100/- and to the rigorous imprisonment for 7 years and fine of Rs. 200/- for the offence Under Sections 307/149, Indian Penal Code Against this conviction and sentence, this appeal has been preferred. 2. I have heard the arguments of both the sides. 3. The learned counsel for the appellants has stated at Bar that he does not challenge the conviction of the appellants but prays for the leniency in the sentence accorded to them. 4. The learned Public Prosecutor and the learned counsel for the complainant injured, have no objection in the leniency of the sentence as the parties have come to a compromise. 5. Accused-appellant, Rai Chand is the main accused, who has inflicted injuries to the injured, Gokhla & he has been in the custody for more than one year. The other accused-appellants did not directly inflict the injuries and therefore, they have been convicted for the offence Under section 307, Indian Penal Code with the aid of Section 149, Indian Penal Code They have remained in the custody for about a month.In the case of Delhi Domestic Working Women's Forum v. Union of India & Ors., 1995 SCC (CrL) 7 , the Supreme Court has stressed the need for victim oriented attitude and noted the major shift in penological thinking, reflecting the growing importance attached to restitution and reparation over the more narrowly retributive aims of conventional punishment. The victim-oriented penological principles can be given effect by reducing the sentence of the imprisonment but in addition imposing a heavy fine which may be paid to the victim by way of compensation.
The victim-oriented penological principles can be given effect by reducing the sentence of the imprisonment but in addition imposing a heavy fine which may be paid to the victim by way of compensation. This has been done by the Apex Court in the case of Sarup Singh v. State of Haryana, AIR 1995 SC 2452 , even though the case was related to the offence Under section 304, Part II Indian Penal Code. 6. In my opinion, taking into overall the facts and the circumstances and the statement made at Bar by both the sides that the parties have come to a compromise, the ends of justice will be met if the sentence of rigorous imprisonment is reduced to the period already undergone, but the fine is increased and the fine may be directed to be paid to the victim by way of compensation. Since the accused appellant, Rai Chand is the main accused who is responsible for the injuries sustained by the injured, he should, therefore, be directed to pay a fine of Rs. 20,000/- (Rs. Twenty Thousand). The other accused-appellants, who are not directly liable for the injuries, but has been convicted with the aid of Section 149, Indian Penal Code, therefore, each of them should be directed to pay a fine of Rs. 5,000/- (Rs. Five Thousand). 7. In the result, this appeal is partly allowed. Conviction of the accused-appellants for the offence Under Sections 148, 307 & 307/149 Indian Penal Code is maintained and upheld. Sentence of rigorous imprisonment awarded to the accused-appellant, Rai Chand is reduced to the imprisonment already undergone but the sentence of fine is increased to Rs. 19,000/-for the offence Under Section 307, Indian Penal Code and Rs. 1,000/- for the offence Under section 148, Indian Penal Code The sentence of imprisonment awarded by the learned trial Court to the other accused-appellants is also reduced to the imprisonment for the period already undergone, but the sentence of fine is increased to Rs. 4,000/- (Rs. Four Thousand) each for the offence Under Sections 307/149, Indian Penal Code, and Rs. 1,000/- (Rs. One Thousand) each for the offence Under Section 148, Indian Penal Code All the accused-appellants are directed to pay the fine as indicated above within a period of 15 days from today.
4,000/- (Rs. Four Thousand) each for the offence Under Sections 307/149, Indian Penal Code, and Rs. 1,000/- (Rs. One Thousand) each for the offence Under Section 148, Indian Penal Code All the accused-appellants are directed to pay the fine as indicated above within a period of 15 days from today. In case the fine is not paid within the stipulated period, the accused appellants shall undergo the rigorous imprisonment of two years, in default of fine for the offence Under Sections 307, 307/149, Indian Penal Code and a period of three months rigorous imprisonment in default of fine for the offence Under section 148, Indian Penal Code The entire amount of fine amounting to a total of Rs. 50,000/- shall be paid to the injured, Gokhla, by way of compensation. 8. The accused-appellant, Rai Chand, is in jail. He shall be set at liberty forthwith if not required in any other case. He shall deposit the total amount of Rs. 20,000/- in the learned trial Court within a period of 15 days failing which the learned trial Court shall cause him to be re-arrested for undergoing the further imprisonment as indicated above in default of payment of fine. The other accused-appellants are on bail. They shall deposit the increased fine imposed on them within a period of 15 days from today in the learned trial Court failing which the learned trial Court shall cause them to be re-arrested for undergoing the rigorous imprisonment awarded in default of payment of fine. The fine if so deposited shall be paid to the injured (Gokhla) by way of compensation.Appeal Partly Allowed. *******