Rajasthan High Court - Jaipur
Parmanand vs State Of Rajasthan And Anr on 8 November, 2017
Author: Sabina
Bench: Sabina
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
1. S.B. CR. REVISION PETITION NO. 889/2013. Parmanand son of Shri Mohan Lal, resident of Village Nangal, Police Station Mandawar, District Dausa.
Versus
1. State of Rajasthan through P.P.
2. Rattiram son of Khiladi, by caste Meena, resident of Nangal Meena, Police Station Mandawar, District Dausa.
With
2. S.B. CR. REVISION PETITION NO. 890/2013. Parmanand son of Shri Mohan Lal, resident of Village Nangal, Police Station Mandawar, District Dausa.
Versus
1. State of Rajasthan through P.P.
2. Kirodi son of Shri Sriya @ Diyaram,
3. Chirmol son of Shri Sriya @ Diyaram,
4. Maniram son of Shri Modyaram,
5. Chhotelal son of Shri Modyaram, All residents of Nangal Meena, Police Station Mandawar, District Dausa.
For Petitioner(s) : Shri Vikas Sharma HON'BLE MRS. JUSTICE SABINA Order 8/11/2017 Vide this order, above mentioned two petitions would be disposed of as they have arisen out of the order dated 5.7.2013.
Accused had faced trial under Sections 148, 452, 323, 325, 326 Indian Penal Code 1860 (hereinafter referred to as "IPC"). Trial court vide judgment/order dated 25.6.2008 ordered the conviction and sentence of the accused under Sections 326, 325/149, 452, 148, 323 IPC. In appeal filed by the accused, Appellate Court vide impugned order dated 5.7..2013 upheld the conviction of the accused as ordered by the trial court but reduced the sentence qua imprisonment of the accused to the period already undergone by them and enhanced the quantum of fine. Hence, the present petitions by the complainant.
I have heard the learned counsel for the petitioner and have gone through the record available on the file carefully.
Appellate court while ordering the reduction of sentence qua imprisonment of the accused to the period already undergone by them has taken into consideration the fact that grievous injury was on the hand of the petitioner and injured Kishan Lal had suffered fracture of tibia bone. Occurrence had taken place in the year 1999. In these circumstances, the appellate court, while exercising the jurisdiction vested in it, ordered the reduction of the sentence of the accused qua imprisonment to the period undergone by them. The sentence qua fine was enhanced and it was ordered that out of the enhanced fine Rs. 10,000/- be paid to the petitioner and Rs. 8,000/- be paid to injured Kishan Lal and Rs. 2,000/- each be paid to injured Shukli Devi, Shanti Devi and Tofli Devi.
In the facts and circumstances of the present case. No ground for interference by this court is made out.
Dismissed.
(SABINA)J. Mrg./68 & 69