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1998 DIGILAW 72 (RAJ)

Mathura Lal and other v. State of Rajasthan

1998-01-16

SHIV KUMAR SHARMA

body1998
JUDGMENT 1. -Accused petitioners have been convicted and sentenced as under- Mathura Lal - Under Section 326 IPC to undergo 6 months Rl and fine of Rs. 500/-. Under Section 324/34 IPC to undergo 4 months Rl and fine of Rs.100/- Under Section 323/34 IPC to undergo 3 months Rl and fine of Rs.100/'-. Ram Nath-Under Section 326/34 IPC to undergo 6 months Rl and fine of Rs.500/-. Under Section 324 IPC to undergo 4 months Rl and fine of Rs. 100/-. Under Section 323 IPC to undergo 3 months Rl and fine of Rs. 100/- Bheru Lal-Under Section 326/34 IPC to undergo 6 months Rl and fine of Rs.500/-. Under Section 324/34 IPC to undergo 4 months Rl and fine of Rs.100/-. Under Section 323 IPC to undergo 3 months Rl and fine of Rs.100/- Sentences awarded to the accused shall run concurrently. 2. The only contention of learned counsel appearing for the petitioners is that in the facts and circumstances of the case the sentence already undergone would meet the ends of justice.Reliance was placed on Khatanmal v. State of Rajasthan (1989 RCC 219) Damodar v. State (1989 RCC 105) and Kajod v. State (1993 RCC 456). 3. Learned PR on the other hand supported the impugned judgment. 4. The petitioners are in custody since November 18. 1997 The incident had taken place in the year 1987 and since then the accused petitioners have been facing trial. It is evident from record that none of the accused committed any offence prior to this. In Naib Singh v. State of Punjab (1986 Cr.L.R. (SC) 468) . their Lordships of the Supreme Court in a case under Section 326 & 324 IPC reduced the sentence awarded to a teacher to the imprisonment till rising of the court looking to the fact that he was facing trial for the last 13 years. 5. In the facts and circumstances of the case as mentioned hereinabove, and in the light of observations made in Naib Singh s case (supra) by the Apex Court the revision is partly allowed and sentence awarded to the accused petitioner is reduced in the ends of justice to the sentence already undergone by them but each accused shall be liable to pay fine of Rs.3,000/- (three thousand). In default of payment of fine each accused shall have to undergo three months rigorous imprisonment. In default of payment of fine each accused shall have to undergo three months rigorous imprisonment. The fine shall be deposited within one month from today in this court. Out of the fine realised Rs.5000/- shall be paid to injured Anandi Lal and Rs.2,000/- to injured Birdhilal. The case now shall be listed before Deputy Register (Judicial) on Feb. 16, 1998, who shall check the deposit of fine. The papers thereafter shall be placed before the Court on Feb. 18, 1998.Petition partly allowed. *******