2003 Supreme(Raj) 1010
RAJASTHAN HIGH COURT AT JAIPUR BENCH
F.C.Bansal, J.
Mangi & Anr. - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Appeal No. 413 of 1985.
Decided On : 31-01-2003
Advocates:
For the Appellants:Biri Singh, Advocate.
For the State: Sumitra Goyal, Public Prosecutor.
The court has the discretion to consider the time already spent in custody when determining the appropriate sentence.
Headnote:
Sentencing - Reduction of Sentence - [SENTENCING]
Fact of the Case:
The appellants were convicted and sentenced for various offenses under the Indian Penal Code. They appealed for a reduction in their sentences based on the time already spent in custody.
Finding of the Court:
The court partially allowed the appeal, maintaining the appellants' convictions but reducing the sentence of imprisonment to the period already undergone by them in detention. The fine was enhanced, and the appellants were directed to deposit the amount within three months.
Issues: Conviction and sentencing of the appellants, appeal for reduction of sentence
Ratio Decidendi: The court considered the time already spent in custody by the appellants and deemed it just and proper to reduce the sentence of imprisonment to the period already undergone by them in detention.
Final Decision: The appeal of the appellants was partly allowed, maintaining their convictions but reducing the sentence of imprisonment and enhancing the fine.
JUDGMENT
1. - This appeal is directed against the judgment dated September 4, 1985 passed by learned Sessions Judge, Bharatpur whereby the accused-appellants Mangi and Babu have been convicted and sentenced as under: | Mangi and Babu each | u/S. 325 IPC | 18 months rigorous imprisonment with a fine of Rs. 100/- and in default of payment of fine to further undergo one months simple imprisonment. |
|
| u/S 447 IPC | One months rigorous imprisonment. |
|
| u/S. 323/34 IPC | One months rigorous imprisonment. |
All the substantive sentences were ordered to run concurrently.
2. Accused Chhutan and Ramesh were also found guilty for the offence under Sections 325/34, 447 and 323 IPC but they have been released on probation of good conduct.
3. I have heard learned counsel for the appellants, learned Public Prosecutor and have also gone through the record of the trial Court, including the impugned judgment.
4. Learned counsel submits that the incident took place in the year 1984, the appellants have remained in custody from 8.9.84 to 04.9.85 and from 5.9.85 to 18.9.85 and, therefore, sentence awarded to them by the trial Court be reduced to the period already undergone by them.
5. I have considered the submissions made by learned counsel for the appellants. The appellants have been awarded the sentences of 18 months rigorous imprisonment only under Section 325 IPC and they have already remained in custody for more than 12 months. They are on bail since 19.9.85. The incident took place in the year 1984. Looking to these facts and in the ends of justice, it is deemed just and proper to reduce the sentence of imprisonment to the period already undergone by the appellants in detention and enhance the sentence of fine as under.
6. Consequently, the appeal of the appellants Mangi and Babu is partly allowed. Their conviction under Sections 325, 447 and 323/34 IPC is maintained but the sentence of imprisonment awarded to them by the trial Court for the offence under Section 325 IPC is reduced to the period already undergone by them in detention. Sentence of fine awarded to each of them under Section 325 IPC is enhanced from Rs. 100/- to Rs. 10,000/- (Rs. ten thousand only). In default of payment of fine each of them will have to further undergo six months rigorous imprisonment. On deposit of amount of fine, it shall be paid to the widow of the deceased Sukhiram S/o Sukhram Dhakad, R/o-Pipari, Tehsil Bayana, District Bharatpur. If she is not alive then the amount shall be paid to other legal heirs of the deceased. The appellants are directed to deposit the amount of fine within three months.Appeal Partly allowed.
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