Havaldar Singh vs State of M. P. - 1994 Supreme(MP) 941

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Advocates:
Rakesh Saxena for applicant; P.D. Agarwal, Panel Lawyer for State.

Headnote:Penal Code, 1860 -- S. 325 -- offence under -- 3 days sentence of imprisonment undergone -- Rs. 5,000/- fine already deposited and paid to the victim -sufficient punishment.
        naM lafgrk] 1860 & /kkjk 325 & v/khu vijk/k & rhu fnu ds dkjkokl dk naMkns’k Hkqxrk x;k & #- 5]000@& dk tqekZuk igys gh fuf{kIr rFkk vkgr dks lanRr & naM i;kZIr gSA
        The trial Court had fined Rs. 5,000/- which has been deposited by the applicant. It was further directed that the entire amount of fine shall be paid to the complainant. According to the learned counsel for the petitioner the fine itself was enough in the circumstances of the case which had already been directed to be paid to the complainant. He further pointed out that the applicant has already served for three days in jail and that may be taken to be sufficient punishment of imprisonment.
        Held: It appears that the dispute arose regarding the tieing the cattle at a particular place. At the spur of moment the applicant got outraged and used his fist and one fist blow was given in the heat of passion causing impairment to one of the eyes of the complainant. There was no previous dispute and no pre-mediation on the part of the applicant. In these circumstances, after a lapse of long years since 1982 it will serve no purpose sentencing the petitioner to jail to serve out the remaining part of the sentence. As such, the period already undergone by the applicant is taken to be sufficient since the fine has already been deposited and directed to be paid to the complainant.
        The judgment and order of the trial Court and lower appellant Court are modified to the extent that the period which has already been undergone by the applicant is taken to be sufficient. The applicant is on bail. He need not surrender.
        His personal bond and surety bonds are discharged.
        In other respect the judgment and orders of the trial Court and appellate Court are maintained.
        The revision is finally disposed of in the light of the directions given above.