KRISHNA BAHADUR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Leave granted. Against the order of conviction recorded by the trial Court on 25th February, 1993 whereby appellants - Krishna Bahadur and Suneel were convicted for offences under sections 148, 307/149 and 323/149, IPC and sentenced to rigorous imprisonment for one year, seven years and six months respectively besides imprisonment of fine of Rs. 500/- and in default 3 months SI for offences under Section 148, IPC; fine of Rs. 2000/- and in default one year's Sl for offences under Sections 307/149, IPC; and fine of Rs. 500/- and in default SI for three months for offences under section 323/147, IPC respectively the appellants filed an appeal and challenged their conviction and sentence. The High Court vide judgment dated 27th March, 2000 upheld their conviction but reduced the sentence of imprisonment for offences under Sections 307/149, ipc to 3 years from seven years RI while maintaining sentence of imprisonment and fine for other offences. Sentence of fine for various offences was maintained. These appeals by special leave have called in question the conviction and sentence recorded by the Courts below against the appellants.

(2.) On 12th October, 2000 notice was issued by this Court, confined only to the question of sentence insofar as Krishna Bahadur and Suneel - appellants are concerned.

(3.) After hearing learned counsel for the parties and examining the record, we consider it appropriate in the peculiar facts and circumstances of this case to reduce the sentence of imprisonment imposed upon the two appellants for offences under Sections 307/149, IPC to one year's RI from 3 years RI but we enhance the fine from Rs. 2,000/- to Rs. 3,000/ - for the said offences. In default of payment of fine, the appellants shall undergo sentence of one year's SI. Conviction and sentence of imprisonment and fine for offences under Section 148 as well as under Sections 323/149, ipc is, however, maintained. The substantive sentences of imprisonment for various offences shall run concurrently. The fine, on realization, shall be paid to all the injured persons, in equal share. With the aforesaid modification in the sentence, the appeals are disposed of.