SHOKIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been preferred against the judgement dt. 9-8-95 passed by learned Judge, Special Court, Merta whereby the appeal filed by the petitioners and other accused persons was partly accepted and petitioners' conviction under Section 326 and 452 IPC was confirmed. But the petitioners were acquitted of the offence under Sections 148 IPC. The other appellant accused persons Idu, Smt. Adchi Kushalchand and Gordhan were acquitted of the offences under Sections 148, 326/149, 452 and 323 IPC. The sentence against the petitioners of 5 years R.I. and Rs. 2,000/- fine or in default to undergo 6 months S.I for the offence u/s 326, IPC and one year R.I. and Rs. 1,000/- -fine or in default to undergo three months S.I. for the offences u/s 452 IPC was maintained. The whole amount of fine was ordered to be given to Bishmilah by way of compensation. By the same judgement the petitioners were acquitted of the offence under Section 148 IPC.

(2.) I have heard learned counsel for the petitioners and learned Public Prosecutor and learned counsel for the complainant. Learned counsel for the petitioners has not advanced any argument on the merits of the case i.e. about the conviction of the appellants under Section 326 and 452 IPC. Therefore, I do not deem it necessary to state the facts of the case and the evidence on record. However I perused the judgement passed by learned trial court and the learned appellate court as well as oral and documentary evidence on record. I agree with the findings given by the learned appellate court and I do not find any valid reason to disturb the concurrent findings of two courts below in exercise of the powers under Section 397 Cr. P.C.

(3.) Learned counsel for the petitioners has argued on the point of quantum of sentence only which has been passed against the petitioners. It is urged that trial was held against seven persons including the petitioners. Learned trial court convicted all the accused persons under various Sections but in appeal the petitioners have been acquitted under Section 148 IPC and other accused persons Idu, Smt. Adchi, Gordhan and Kushalchand have been completely acquitted of the offences u/ss 148, 323, 452 and 326/149 IPC. In the statement u/s 313 Cr. P.C., Shokin has stated his age 22 years Saleem 19 years and Sattar 21 years on 9-3-90. The incident is alleged to have occurred on 3-4-84 i.e. more than 12 years age. The petitioners Sattar and Shokin have remained in jail for 367 days and Saleem has remained in jail for 153 days. It is, therefore, argued that looking to the age of the petitioners and the period for which they have remained in jail and also that the petitioners are facing the proceedings for the last 12 years, their substantive sentences on both counts may be reduced to already undergone and the fine may be maintained which they are prepared to pay to Bismillah by way of compensation. Learned Public Prosecutor and learned counsel for the complainant have argued that in case the sentence is reduced then the fine may be enhanced as well as the amount of compensation.