The State Of Rajasthan vs Mohan Lal

3. The accused (respondent herein) was charged with and tried for the offences punishable under Sections 307, 326, 447, 323 and 341, IPC. The learned Additional Sessions Judge, Sambharlake, by the judgment dated 19.05.1992 in Sessions Case No. 14/1992 convicted the accused for the offences punishable under Sections 325 and 323, IPC. The Sessions Court imposed a sentence of 3 years’ rigorous imprisonment and fine of Rs.1000/- for the offences under Section 325, IPC; and 6 months’ rigorous imprisonment and fine of Rs. 250/- was imposed for the offence under Section 323, IPC. On appeal by the convicted accused, the High Court of Judicature at Rajasthan, Jaipur Bench confirmed the judgment of conviction but reduced the sentence to the period of imprisonment already undergone by the accused. By then, the accused had undergone 6 days’ imprisonment 3 only. Being aggrieved by the meagre sentence, the State is before us as an appellant praying for enhancement of sentence.

5. During the course of the trial, the informant (PW1), the injured Kapurchand (PW2) and the second injured Phoolchand (PW5) were examined, apart from other witnesses, including the doctor who treated the injured. The trial court has found the evidence of PWs 1, 2 and 5 consistent, cogent, reliable and trustworthy and proceeded to convict the accused. The doctor fully supported the case of the prosecution. The medical records, including the evidence of the Doctor, conclusively prove that injury no.1 sustained by PW2-Kapurchand was a grievous injury, in as 4 much as Kapurchand sustained a fracture of the right parietal bone.

6. It is clear from the judgment of the High Court that though the accused had filed an appeal questioning his conviction and sentence before the High Court, during the course of arguments he did not press the appeal filed against the judgment of conviction, praying only for reduction of sentence. The High Court decided the Criminal Appeal accepting such request, and reduced the sentence to the period already undergone. However, as a matter of fact, as mentioned supra, the accused had, by then, been in confinement only for 6 days.

15. Having regard to the totality of the facts and circumstances, and as it is brought to our notice that the parties have forgotten their differences and are living peacefully since 25 years, we impose a sentence of 6 months’ rigorous imprisonment and a fine of Rs. 25,000/- (Rupees Twenty Five Thousand) against the accused. While doing so, we have taken into consideration the aggravating as well as mitigating factors under the facts of this case.

16. Accordingly, the appeal is allowed. The accused (respondent herein) is imposed with a sentence of 6 months’ rigorous imprisonment and a fine of Rs. 25,000/- (Rupees Twenty Five Thousand) for the offences under Section 325, IPC. In case of default of payment of fine, the accused shall undergo further rigorous imprisonment for 3 months. In case the fine is deposited by the convicted accused, the same shall be disbursed in favour of the injured PW2, viz. Kapurchand as compensation. The accused/respondent be taken into custody forthwith to serve out the sentence. However, he is entitled to the benefit of set-off of the period already 10 undergone in confinement by him. The judgment of the High Court is modified accordingly.

August 01, 2018.