LAWS(HPH)-2023-8-27

CHET RAM Vs. STATE OF HIMACHAL PRADESH

Decided On August 09, 2023
CHET RAM Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The present appeal under Sec. 449 (ii) of the Code of Criminal Procedure has been filed by appellant-Chet Ram @ Chetru (since deceased) against order dtd. 6/5/2022, passed by learned Special Judge-II, Kullu, H.P., with a prayer to quash and set aside the same.

(2.) I have heard the learned counsel for the appellants as well as the learned Additional Advocate General and have also gone through the record available on the file.

(3.) Learned counsel for the appellants submitted that the learned trial Court has imposed the penalty of Rs.50,000.00 upon deceased-Chet Ram in his absence and the appellants, who are his legal representatives, are very poor persons having no source of income and not in a position to pay the same. He further submitted that the appellants would be satisfied in case penalty of Rs.50,000.00imposed upon deceased-Chet Ram, vide order dtd. 6/5/2022, passed by learned Special Judge-II, Kullu, H.P., is reduced to a reasonable amount.