-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :: J U D G M E N T :: S.B. CRIMINAL APPEAL NO.395/1988 (Bhera Ram Vs. The State of Rajasthan) S.B. CRIMINAL APPEAL UNDER SECTION 374 CR.P.C. AGAINST THE JUDGMENT DATED 29.08.88 PASSED BY THE LEARNED SESSIONS JUDGE, JODHPUR IN SESSIONS CASE NO.94/87. DATE OF JUDGMENT : 13th February, 2008 P R E S E N T HON'BLE MR. JUSTICE DEO NARAYAN THANVI Mr. P.R. Choudhary for the appellant. Mr. S.N.Tiwari, Public Prosecutor. BY THE COURT : 1. This appeal is directed against the judgment dated 29.8.88 passed by the learned Sessions Judge, Jodhpur, whereby, he convicted accused appellant Bhera Ram for offence under Section 326 IPC and sentenced him to undergo 2½ years' rigorous imprisonment and to pay a fine of Rs.50/-, in default of -2- payment of fine to further undergo one month's rigorous imprisonment, under Section 324 IPC with 9 months' rigorous imprisonment and under Section 323 IPC with 3 months' rigorous imprisonment. 2. Facts leading to this appeal are that on 20.12.86, at about 2.30 pm, Smt. Anchai by caste Meghwal, resident of Pichiyak made a statement before the Police that she along with her daughter Badami were working in the mines near Pichiyak Piao, where, accused appellant Bhera Ram was also working. They were braking stones in small pieces. Fifteen days back, accused appellant took 'kakri' from her and did not pay money. When the same was demanded, accused appellant abused them and pushed Badami, whereby, she felt down. Accused appellant also started beating both the ladies with 'genti'. The incident was witnessed by Ramuji Jat, Bhanji Bhambhi and some other persons, who came there and intervened. Thereafter, they were brought at Bilara Hospital. 3. On the statement of Badami, police registered a case for offence under Sections 307, 325 IPC. After usual investigation, police filed challan for offence under Sections 307, 326, 324 and 323 IPC against the accused appellant. After committal of the case, the learned trial Judge framed charge for the above -3- offences, to which he pleaded not guilty. Prosecution examined nine witnesses. Statement of accused appellant was recorded under Section 313 Cr.P.C. He led no evidence in defence. 4. After hearing the arguments, the learned trial Judge acquitted the accused appellant for offence under Section 307 IPC but convicted him as indicated above. 5. Without arguing on merits, learned counsel for the accused appellant submits that now the accused appellant is 70 years' old. The accused appellant and injured were working in the mines and were poor labourers and on account of petty demand of money in consideration of 'kakri', which is a vegetable, this incident took place and X-ray has not been proved, therefore, looking to the age of the accused appellant, who is now 70 years of age, lenient view should be taken by enhancing fine as he has already remained in jail during trial for a period of 22 days. 6. Learned Public Prosecutor submits that in case, the lenient view is taken, the compensation should be awarded to the injured, as they are poor ladies. 7. Keeping in view the facts and circumstances of the case and the statements made by the learned counsel for the accused -4- appellant, while maintaining the conviction of the accused appellant, it would be just and proper that the fine should be enhanced. 8. Accordingly, this appeal is partly allowed. While maintaining the conviction of accused appellant - Bhera Ram S/o Gopa Ram for offences under Sections 326, 324 and 323 IPC, his sentenced is reduced to the period already undergone. However, the fine of Rs.50/-, imposed for offence under Section 326 IPC is enhanced up to Rs.5000/-, which shall be paid within a period of two months to both the injured ladies @ Rs.2500/- each by way of compensation else, the accused appellant shall undergo one month's rigorous imprisonment as awarded in default of payment of fine. (DEO NARAYAN THANVI), J. ms rathore