JEEVAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 25.4.1981 convicting the appellant Jeevan Singh for the offence under Sec. 307 IPC and sentenced him to four years R.I. and to pay fine of Rs. 1000/-. He was also convicted under Sec. 27 of the Arms Act and sentenced to 2 years R.I. and to pay fine of Rs. 1000/-. Both the sentences were ordered to run concurrently. Appellant Hari Singh was convicted for the offence under Sec. 307/34 IPC and sentenced to undergo two and a half years R.I. and to pay fine of Rs. 1000/-.

(2.) The prosecution case as disclosed in the trial is that on 23.11.1979 at about 7 p.m Hari Singh and Jeevan Singh came to the house of injured Karnail Das. Hari Singh exhorted Jeevan Smgh to kill him, on which Jeevan Singh, who was carrving with him 12 bore pistol, fired on him which hit on his knee of left leg. The incident has been proved by P.W. 7 Karnail P.W. 8, Gurnam Kaur. The oral testimony finds corroboration with the medical evidence of Doctor Surendra Kumar. Having scan the prosecution evidence, I find that the conviction of the appellants for the aforesaid offence has been rightly recorded and does not call for interference by this Court. However considering the peculiar facts and circumstances of the case in which the incident has taken place and the fact that incident is of 1979 i.e., 20 years back, I do not consider it proper to sent them in jail after so many years. The ends of justice would met if sentence is reduced to the period already under gone. Consequently, the sentence of both the appellants is reduced to the period already under gone. However, first appellant Jeevan Singh will deposit a compensation of Rs. 10000/- (Ten thousand) before the Trial Court. Four months time is granted to deposit the compensation. On depositing the compensation of Rs. 10000/- the same shall be paid to the P.W. 7, Karnail Das. In case the said amount is not deposited within the stipulated period then the order of reducing sentence to the period already under gone shall stand vacated and the appellant will under go the sentence awarded by the Trial Court.