S.R.Bhargava - (1.) THE lower courts have convicted revisionists Raghuvera, Omkar, Manglu, Ram Kumar and Kunwar Sen with offences under Section 147 and 307/149 IPC and have sentenced each of them to rigorous imprisonment for one year under section 147 IPC and to rigorous imprisonment for five years under Section 307 IPC.
(2.) ON behalf of the revisionists much was argued on the theory of self defence profounded in the trial court. There were three injured on the side of the revisionists, only one of them was examined by the Doctor. Admission of the Doctor is that the injuries were simple, fabricated and could be self inflicted. Slight change in the spot of occurrence cannot demolish prosecution case. I hold that prosecution story was rightly believed and the defence was rightly discarded. But then the question arises what offences the revisionists committed. It is no doubt true that there were two injured on the side of the prosecution. One of the injured suffered 33 injuries, three of whom were found to be fractures under injuries caused by blunt weapon. There were two incised wounds on the head. There were also a punctured wound on the right forearm. The Doctor did not say that the injuries were sufficient to cause death in ordinary course of nature nor the Doctor said that those injuries were likely to cause death in ordinary course of nature. When the assailants are several in number and injuries are inflicted both on non-vital and vital parts unless there is corroboration by medical evidence, intention of causing death cannot be inferred. The other injured received four simple injuries. To my mind the case does not go beyond sections 323, 324 and 325 IPC. Hence I alter the conviction of the revisionists to offences under sections 147, 323/149, 324/149 and 325/149 IPC. Coming to the point of sentence the incident took place on 17th November, 1983 i.e. about 8 years ago. Injured can be compensated from fine. Short term sentences now are not likely to serve any useful purpose.
(3.) HENCE in result, I partly allow this revision and alter the conviction of the revisionists into offence under sections 147, 323/149, 324/149 and 325/149 IPC. All the offences were committed in the same transaction. HENCE separate sentences need not be recorded. To my mind sentences already undergone and fine of Rs. 500/- each shall serve the ends of justice HENCE further partly allowing the revision I reduce the sentences of the revisionists to the period already undergone and fine of Rs. 500/- each which they shall pay within a month. Out of the fine realised a sum of Rs. 1500/- shall be paid as compensation to injured Naresh and sum of Rs. 500/- shall be paid as compensation to Som Dutt. Learned counsel for the revisionists pointed out that revisionists Omkar is dead. If that be so, fine shall be realised from his estate in the hands of his heirs.;