NATHU RAM RATHOUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(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.