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Judgment
The present appeal has been filed to assail the order
passed by Special Judge, SC/ST (Prevention of Atrocities) Cases,
Karauli. The said court vide impugned judgment dated 14.11.2017
held appellant guilty of offences under Sections 147, 342 and 323
IPC. Having convicted the appellant for the aforesaid offences, the
trial Judge vide a separate order of even date, sentenced the
appellant as under:-
U/s. 147 IPC - to undergo six months SI and to pay a fine of
Rs.2,000/-, in default thereof to undergo additional one month SI.
U/s. 323 IPC - to undergo six months SI and to pay a fine of
Rs.5,00/-, in default thereof to undergo additional five days SI.
U/s. 342 IPC - to undergo three months SI and to pay a fine of
Rs.5,00/-, in default thereof to undergo additional five days SI.
All the sentences were ordered to run concurrently.
Maximum sentence awarded upon the appellant is six
months for offences under Section 147 and 323 IPC. For the
offence under Section 342 IPC, the appellant has been awarded
three months SI.
The learned counsel for the appellant has submitted
that probation has been denied to the appellant on the ground
that for a period of sixteen years, he had absconded. The learned
counsel for the appellant has submitted that accused nos. 2 to 6 in
the cause title of the judgment have been released on probation.
The learned counsel for the appellant has stated at Bar that
marriage of the daughter of appellant is scheduled to be held on
3.12.2017. The learned counsel for the appellant has submitted
that he will not press the appeal but shall pray to this Court that
considering the nature of offence, sentence be reduced to already
undergone.
Considering the nature of the offence, this court would
have entertained the prayer, had the appellant not absconded. For
the conduct of the appellant, fine is required to be imposed upon
the appellant. The trial court has already ordered that sentences
awarded on all the three counts shall run concurrently.
The offences for which appellant has been convicted are
not grave. For such offences, intention of legislature is to reform
the criminal and rehabilitate him in the society. It has been rightly
urged by the counsel for the appellant that continuous detention
of the appellant shall eclipse the matrimonial prospects of the
daughter of the appellant whose marriage is scheduled to be held
on 3.12.2017. Thus, in the present case, aggravating
circumstance, i.e. conduct of the appellant that he remained
absconded for sixteen years, is required to be balanced with
mitigating circumstances spelt by the learned counsel.
Consequently, sentence awarded upon the appellant on
all the three counts is reduced to period of one month. However,
sentence of fine is enhanced to Rs.30,000/-. The enhanced
amount of fine shall be deposited by the appellant in the court. In
case appellant fail to deposit the enhanced amount of fine,
sentences already awarded by the trial court shall remain in
vogue. The amount of fine so deposited in the trial court shall be
remitted to Rajasthan State Legal Services Authority.
In view of above, appeal stands disposed of by
modifying the sentence by upholding conviction of the appellant
on all counts as same has not been assailed by the learned
counsel for the appellant.
The application for suspension of sentence is dismissed
having been rendered infructuous.