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2005 DIGILAW 627 (RAJ)

Gird hari Lal v. State of Rajasthan

2005-02-23

S.C.SINGHAL

body2005
JUDGMENT 1. - This revision petition is directed against the judgment dated 1.5.97 passed by learned Special Judge, S.C. & S.l. (Prevention of Atrocities) Cases, Baran, confiding the conviction and sentence passed by the learned trial court for the offences u/s 326 and 324 IPC. 2. The facts of the case are contained in the judgment of two courts below and moreso in the judgment of the trial court in detail, but the only prayer which has been made by the learned counsel for the petitioner is that the case is of the year 1991 and the accused petitioner has already undergone some sentence. He submits that the accused petitioner should be released to the sentence already undergone by him. He has cited before me 1992 Cr.L.R. (Raj.) Gurucharan & Ors. v. State of Rajasthan . 3. There can be no dispute that the incident relates to the year 1991. Accused petitioner Girdhari Lal was convicted and sentenced one year's RI with fine of Rs.1000/- in default of payment of fine, three months RI for the offence u/s 326 IPC and u/s 324 IPC six months' RI with fine of Rs.200/- in default of payment of fine to further undergo one month's RI. 4. The substantive sentences under both the counts were ordered to be run concurrently. Learned Special Judge under the impugned judgment dismissed the appeal. 5. I have gone through the judgments passed by the trial court as well as the Special Judge. Both the courts below have arrived at the conclusion that the accused petitioner inflicted axe blow on the hand of Dhanna which proved to be grievous on medical examination and right side blow the eye of Hazari. In this respect, there is concurrent findings of both the courts below, therefore, no interference is called for. 6. In this case, accused petitioner was arrested on 18.11.1991 and released on bail on 23.11.91, he remained in custody for about 6 days. His appeal was dismissed by the learned Special judge on 1.5.97 and he was released on bail by the order of this Court on 11.6.97 i.e. after 42 days. Thus, he has already undergone the imprisonment for the total period of 48 days. Offence u/s 326 IPC is one which is punishable with imprisonment and fine. 7. His appeal was dismissed by the learned Special judge on 1.5.97 and he was released on bail by the order of this Court on 11.6.97 i.e. after 42 days. Thus, he has already undergone the imprisonment for the total period of 48 days. Offence u/s 326 IPC is one which is punishable with imprisonment and fine. 7. Taking into consideration all the facts and circumstances of the case, in my opinion, the sentence already undergone and enhanced fine, shall meet the ends of justice, as held by the Division Bench of this Court in Gurucharan's case (supra). 8. Consequently, I hereby allow this revision petition in part. The conviction of the accused petitioner for the offence u/s 326 and 324 IPC is maintained but his sentence is reduced to the period already undergone with fine of Rs.5000/-in default of payment of fine, he shall further suffer three months' imprisonment. The fine imposed u/s 324 IPC is maintained. Out of the fine, if realised, a sum of Rs.2000/- be paid to injured Dhanna Lal as compensation for the injuries received by him. I allow one month's time to the accused petitioner to deposit the amount of fine in the trial court failing which he shall surrender before the trial court to undergo the sentence awarded in default of payment of fine. On his failure the learned trial court shall take necessary steps.Revision partly allowed. *******