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2013 DIGILAW 2531 (BOM)

Govind s/o. Dhondiram Pawar v. State of Maharashtra

2013-12-09

T.V.NALAWADE

body2013
JUDGMENT:- In view of the application filed by injured and the contents thereof, Revision Application is admitted. Both sides are heard for final disposal. 2. Present petitioners were accused in R.C.C.No.208/99 which was pending in the Court of JMFC, Ambajogai, Dist.Beed. They were charged for offences punishable u/s 326, 506, 34 etc. of IPC. Learned JMFC convicted and sentenced them for offence punishable u/s 326 r.w. 34 of IPC. Each petitioner was sentenced to suffer R. I. for 3 years and to pay fine of Rs.1000/-. Fine amount was deposited. Petitioners then filed Criminal Appeal No. 38/2002 in Sessions Court. Sessions Court dismissed the appeal and so, present proceeding is filed. 3. Both trial Court and first appellate Court have considered the evidence given by injured and other eye witnesses. Medical record is also seen. The incident took place out of petty quarrel between neighbours. The injured intervened to separate the quarrel and then injury was inflicted on him by the petitioners. His left eye came out due to the injury inflicted and he has become blind in one eye. There is evidence to prove this offence committed by all the accused and so, the trial Court convicted and sentenced the petitioners. 4. The application for compounding, does not bear signature of the injured, so today, learned counsel for petitioners filed affidavit in support of the contentions made which is signed by Kishan Rama Salunke and also by Shaikh Ismile. The signature is identified by one counsel when the affidavit was sworn in Court. It shows that Sk.Ismile is ready for the compromise. On the last occasion and today, he remained present, his wife has also come to the Court. This Court had given direction to ascertain as to whether some compensation is really given to Sk.Ismile. It appears that compensation of Rs.50,000/- is received by Sk.Ismile. 5. The submissions made show that the petitioners have been behind bars for about 15 days. The punishment prescribed for offence u/s 326 of IPC can extend to 10 years and the accused shall also be liable to pay fine for such offence. Fine amount is already deposited. It appears that compensation of Rs.50,000/- is received by Sk.Ismile. 5. The submissions made show that the petitioners have been behind bars for about 15 days. The punishment prescribed for offence u/s 326 of IPC can extend to 10 years and the accused shall also be liable to pay fine for such offence. Fine amount is already deposited. As there is discretion to the Court to impose the substantive sentence of upto the period prescribed in Section 326 of IPC, in view of the aforesaid circumstances, this Court holds that lenient view can be taken though there is no provision of compounding of the offence u/s 326 of IPC. Learned counsel for petitioners placed reliance in the case reported as 1999 Cri.L.J. 3496(1) S.C.: [1999 ALLMR (Cri) 1267 (S.C.)] (Surendra Nath Mohanty and another V/s State of Orissa]. In that case, the Apex Court has observed that some circumstances like the period which lapsed from the date of incident, period undergone can be taken into consideration and lenient view can be taken. In view of the facts of the present case which show that the incident took place on 18/10/1999 and the petitioners were behind bars for about 15 days, lenient view can be taken in this case. 6. So Application No.4795/12 is allowed. Revision Application is allowed. The sentence is modified and the petitioners are made to suffer for the period already undergone and fine already deposited. Application allowed.