JITU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been preferred by the appellants being aggrieved of the judgment dated 24.1.1989 passed by the learned Addl. Sessions Judge, Bhilwara in Sessions Case Mo. 62/1984 whereby the learned trial Judge convicted and sentenced the appellants as below: Jeetu Under Section 325 2 Years' R.I. and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo two months imprisonment. Under Section 326 3 Years' R.I. and to pay fine of Rs. 1,000/- and I.P.C. in default of payment of fine to further undergo two months imprisonment. Lehru Under Section 3263 Years' R.I. and to pay fine of Rs. 1,000/- and I.P.C. in default of payment of fine to further undergo two months imprisonment. Badri Under Section 323 1 Year R.I. and to pay a fine of Rs. 500/- and I.P.C. in default of payment of fine to further undergo two months' imprisonment. All the sentences were ordered to run concurrently.

(2.) Out of fine imposed upon the accused appellants, Rs. 1,000/- each were ordered to be paid to the injured Magni Ram and Madhulal.

(3.) Learned counsel for the appellants at the outset does not challenge the conviction of the appellants but limits his prayer to the aspect of reduction of the sentence awarded to the appellants. Learned counsel submits that the dispute took place over a sudden quarrel of possession on the joint property. He submits that the appellants have remained in custody in excess of one year during the course of trial. Learned counsel submits that in view of the fact that the accused and the complainant party are closely related and as the incident took place long back in the year 1984 sending the appellants back to custody after a lapse of nearly 29 years would be very harsh to the appellants who have already settled in their life. Learned counsel further submits that the appellants were about 25 to 27 years of age when the incident took place and now they are nearing the age of 60 years and thus sending them back to custody is not warranted looking to the facts and circumstances of the case. Learned counsel thus submits that the appeal be accepted on the question of sentence and the sentence awarded to the appellants be reduced to the period already undergone by them.