PARAS RAM Vs. STATE

JUDGEMENT

(1.) THE learned counsel for the appellants has not challenged the correctness of the finding of fact by which the appellants were convicted under Section 324 read with Section 34 I.P.C. and sentenced to undergo R I. for a period of 11/2 years and a fine of Rs. 200/ - each. In default of payment of fine, they were further directed to undergo R.I. for 3 months The only submission is that a lenient view in the matter of sentence be taken inasmuch as the appellants have already suffered the agony of protracted trial of 2 years as well as the hearing of appeal after 11 years.

(2.) THE submission of the learned counsel has much substance. PW -2 Laxmi Chand is the injured. He has given in minute details the part played by the accused persons in causing injuries to him, his wife and another person, with sharp -edged weapon. Originally, there were four accused charged with the commission of offences under Sections 307/326/324/452 I.P.C. read with Section 34 I.P.C. As per the case of the prosecution, on 25.9.1974 at about 4 A.M. while Laxmi Chand, was sleeping in his gher, when he was awakened due to noise. He saw Paras Ram, Dalel, Kewal and Chandgi, accused in the present case near his cot. He heard them saying that they would not spare Laxmi Chand and immediately thereafter attacked him. At that time, Paras Ram was armed with a Ballam, while Dalel was holding a jeli, and Chandgi and Kewal were holding lathis in there hands. Paras Ram attacked the complainant with Ballam which hit him on the chest. The other blows fell on his arms and thigh. Similarly, Dalel hit him with jeli causing injuries on his legs. On receiving these bellows, the complainant fell down but before that, his wife who was lying nearby woke up and raised node. One Dungar came there and tried to intervene but he was also given beating with lathis. As many other neighbours collected, the accused managed to escape from the scene of occurrence. The report was immediately lodged with the Police Station. The Investigating Officer Along with the Constables reached the spot without losing any time and completed the formalities at the spot. In due course of time, he collected the M.L.C.s from the hospital and the report from the office of C.F.S.L., prepared the report under Section 173 Cr.P.C. and filed the challan.

(3.) ON the question of sentence, the following are some of the mitigating circumstances which call for taking a lenient view in the matter :