Chattisgarh High Court
Nathu Ram Rathour vs State Of Chhattisgarh on 8 December, 2000
Equivalent citations: 2001(1)MPHT1(CG)
Author: R.S. Garg
Bench: R.S. Garg
ORDER R.S. Garg, J.
1. By this petition, under Section 397/401 of the Code of Criminal Procedure, the applicant seeks to challenge his conviction recorded under Sections 323 and 323/34 of the Indian Penal Code and the sentences awarded to him for commission of the said offence.
2. At the very outset, learned counsel for the applicant submits that in view of the evidence available on the record and the findings recorded by the two Courts, the conviction cannot be challenged. He, however, submits that looking to the age of the applicant which is not less than 70 years and the fact that he is the first offender, the Court should have treated him under the provisions of Probation of Offenders Act or in any case instead of awarding the jail sentence, could impose fine amount to compensate the victim.
3. Learned counsel for the State, on the other hand, submits that present is a case where the applicant, without showing any respect to his own age, entered into a fight and caused injuries to the victims.
4. I have heard the parties.
5. From the statements of Ram Nath, it would clearly appear that in a dispute between Ram Nath and Narmada Prasad, he came on the spot all of a sudden and gave a Lathi blow to said P.W. 1, Ram Nath which caused fracture in his left hand finger. It would also appear from his statement that the applicant is brother-in-law of said Ram Nath. Prima facie it does not appear that the applicant is a hardened criminal or came on the spot with prior preparation to commit the offence. It would only appear that his brother was engaged in some fight with the complainant, he came on the spot and gave a Lathi blow to one of the victims.
6. Taking into consideration the age of the applicant, I am of the opinion that the jail sentence awarded to him deserves to be reduced to the period already undergone by him. The applicant, in fact, has undergone a sentence of 22 days by now and the said sentence would teach him a lesson for ever. Beyond the sentence, as already awarded, he shall pay a fine of Rs. 3,000/-(Rupees Three Thousand). In default of payment of fine, he shall undergo R.I. for six months. If the amount of fine is recovered, the whole of the amount be paid to the complaint- victim Ram Nath.
7. Though the conviction of the applicant under Sections 323 and 325 of the Indian Penal Code are maintained but the jail sentence is reduced to the period already undergone by him and a fine of Rs. 3,000/- (Rupees Three Thousand), as referred to above, is imposed upon him.
8. The petition, to the extent indicated above, is allowed. The applicant appears to be in jail, he be released forthwith.
9. Criminal Revision allowed.