The court's interpretation of Section 307, IPC, and its application to the facts of the case, resulting in the conviction of the accused-appellants under Section 326, IPC, instead of Section 307, IPC.

1. - Under challenge in this appeal is a judgment dated January 29, 1983 of the learned Additional Sessions Judge, Ajmer whereby the accused appellants were convicted and sentenced as under :

Lala @ Kishan Lal Under Section 307, IPC to undergo three years R.I. and fine of Rs. 250/-.

Under Sections 324/34 to undergo one year R.I. and fine of Rs. 250/-. Amarch and Under Sections 307 134, IPC to undergo three years R.I. and fine of Rs. 250/-. Under Sections 324/34 to undergo one year R.I. and fine of Rs. 250/-.

Under Section 324, [PC to undergo one year R.I.

Mangilal Under Section 307/34, [PC to undergo three years R.I. and fine of Rs. 250/-.

Under Sections 324/34 to undergo one year R.I. and fine of Rs. 250/-.

Under Section 324, IPC to undergo three months S.I.

2. According to PW 4 Dr. R.N. Mathur, Bhagchand, the injured sustained the following injuries :

(i) Incised wound spindle shape 1 /a" x ⅔" on the left hypochondrium.

(ii) Incised wound spindle shape (transverse) 11h" x ⅔" on the left nipple.

(iii) Incised wound spindle shape (vertical) 3/4" x ⅕" x 1/10" on the lateral angle of the mouth left side.

(iv) Incised wound 1'/i" x'/a" x bone deep on the left frontal region.

(v) Lacerated wound 3/4" x'h" x 1/10" on the left frontal region.

(vi) Lacerated wound 3/4" x 1h" x 1/10" on the left eye brow.

(vii) Lacerated wound 13/4" x'h" x ⅕" on the posterior surface of right elbow.

Above noted injury No. (i) was found dangerous in nature and the PW 4 Dr. R.N. Mathur, was of view that the said injury if could not have been timely treated medically, could have proved fatal. This injury has been attributed to accused appellant Lala by PW 2 Bhag Chand, who narrated in his statement that Mangi Lal caught hold of him and Lala inflicted two blows from 'Gupti' (dragger) on his stomach and chest. Amar Chand inflicted three blows from 'Katar' on waist and one on mouth. Mangilal inflicted lathi blow on the left side of his forehead.

3. Learned Counsel for the accused appellant restricted their arguments to the propriety of sentence. It was canvassed that accused appellants Lala and Amarchand were of 22 and 18 years of age where as Mangilal was 58 years of age at the time of the incident. Appellant Lala was arrested on June 7,1982 and his sentence was suspended on February 16, 1983. Thus he remained in custody for a period of 8 months and 10 days. Accused appellants Amar Chand and Mangilal were remained in custody from June 7, 1982 to june 15,1982, they have been detained on August 26, 1997 and at present they are in the judicial custody. It was canvassed that looking to the age of the accused appellants and the period of confinement the punishment awarded to them may be reduced. Reliance was placed on Khatanmal V. State of Raj., 1989 RCC 219 , Damoder Prasad v. State of Rajasthan, 1989 RCC 105 ; and Kajod v. State of Rajasthan, 1996 RCC 456 .

4. Mr. Goyal, learned Public Prosecutor for the State contended that if sentence is reduced fine may be enhanced in the facts and circumstances of the case.

5. I have bestowed my thoughtful consideration to the rival contentions and carefully perused the record.

6. Law is a great help in seeing that the good rules of ethics are actually carried out, meant for the benefit humanity. If law is to be respected it must be rooted in the sense of doing justice and justice does not involve the obstinate and stereotype following of rules and procedure but involves being supplemented by grace 'equity and kindness' and doing of something good and useful.

7. Victimology, as a separate discipline deals with the study of the problems of victims of crimes and their right to claim compensation from the offender. The necessity of paying compensation to the victims of crime has also engaged the attention of the United Nations. The 7th United Nations Congress on Prevention of Crime and Treatment of Offenders, came out with a declaration of basic principles of justice of victims of crime which was later adopted by the U.N. General As