Research › Browse › Judgment

Rajasthan High Court · body

1999 DIGILAW 1334 (RAJ)

Mani Ram v. State of Rajasthan

1999-10-28

V.G.PALSHIKAR

body1999
JUDGMENT 1. - This appeal is directed against the judgment dated 21.12.1983 passed by the learned Sessions Judge, Sri Ganganagar in Sessions Case No. 37/83 whereby the learned Judge has convicted the accused-appellant under section 307 IPC and sentenced to 5 years R.I. and a fine of Rs. 50/-, and there was no sentence under section 326, and under section 27 of the Indian Arms Act, six months R.I. 2. With the assistance of the learned counsel for the accused-appellant and the learned Public Prosecutor for the State, I have scrutinised the record and re-appreciated the evidence on record. On re-appreciation of the evidence, I find that the conviction is liable to be altered from Section 307 IPC to Section 325 IPC. In view of the long pendency of the appeal and the accused is on bail for last more than 15 years, interest of justice would be met if the sentence under section 325 IPC is reduced to that already undergone and the fine is enhanced to Rs. 15,000/-. 3. In the result, the appeal succeeds and is partly allowed. The sentence is reduced to already undergone and the fine is increased to Rs. 15,000/-. Three months time is granted to pay. If paid, Rs. 8,000/- be given to the complainant.Appeal partly allowed. *******