ROBIL SHAH Vs. STATE

JUDGEMENT

(1.) Appellant Sultan Singh, Jai Kumar and Rajender are brothers. Appellant Robin Shah @ Kale is the son of Sultan Singh. Appellant Deepak is the son of Rajender. All of them were charged of having committed an offence under Section 148, IPC and Section 307 read with Section 149, IPC. As per the charge framed against the appellants on 23.4.1998, appellants were charged of having formed an unlawful assembly with a common object, being armed with lathi and knife at about 2.30 a.m. on 16.3.1997 at House No. D-674, Nathupura, for purposes of rioting, Further, appellants were charged that on the said date, time and place, while forming an unlawful assembly with common object, they caused injury on the person of Jagdish (PW 3) with intention to commit his murder or with the knowledge that if death had been caused due to injury, appellants would have been guilty of committing his murder.

(2.) At the end of the trial, vide judgment dated 27.7.1999 in Sessions Case No. 52/1998, appellants were held guilty of both the charges, vide order dated 29.7.1999, sentence of 6 months RI was imposed upon the appellants for offence under Section 148, IPC. For offence under Section 307 read with Section 149, IPC they were sentenced to undergo RI for 3 years and fine of Rs. 500/- each. In default of payment of fine, it was ordered that the appellants shall undergo RI for 3 months.

(3.) While imposing a lighter sentence, learned Additional Sessions Judge has been influenced by the fact that some of the appellants are students and that the injured was related to the appellants. If lenient view was taken it will be a factor for improving relations between the parties. Learned Additional Sessions Judge was further influenced by the fact that the appellants do not have any unfavourable past record.