DEV SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE victim Smt. Devki Devi Waldiya is personally present in the Court. On the other hand, the real son of the accused persons, who are running in their late sixties, is also present. The accused appellants, after cancellation of their bail by this Court, have been sent in the prison on 24.3.2014 and they are still in the gaol.

(2.) LEARNED Counsel for the appellants does not want to press this appeal on merits, but only prays for the modification of the sentence. The mitigating factors put up before this Court are that the accused persons are running in their late sixties and thus they are at the fag end of their life. Victim and the appellants are the next -door neighbours and they are living amicably in the mutual neighbourhood. Smt. Devki Devi Waldiya herself is not inclined to get maintain the punishment of incarceration against the appellants.

(3.) SO , considering all the factors, punishment under Section 308 IPC which contemplates that the accused may be punished only with the fine, as well as looking to the punishment provided under Section 452 IPC, which too does not prescribe any minimum punishment of detention, it is hereby enjoined that the punishment, which the learned Trial Court has awarded to the accused appellants is reduced to the period already undergone for the offence of Section 452 IPC. The appellants will pay a fine of rupees five thousand collectively for the offence of Section 452 IPC. For the offence of Section 308 IPC, again a fine of rupees five thousand is collectively imposed on the appellants. Thus, the total fine of rupees ten thousand will be treated as compensation and the same has been paid in the open Court to the victim Smt. Devki Devi Waldiya by the son of the appellants.