Shri Avtar Singh vs State of Himachal Pradesh

Justice Sanjay Karol, J.—Petitioner Avtar Singh stands convicted for having committed an offence punishable u/s 325 of the Indian Penal Code by the Court of Judicial Magistrate Ist Class, Manali, District Kullu, H.P. in terms of judgment dated 2.5.2005 in criminal case No. 96-II/2003 titled as State versus Avtar Singh. The petitioner was sentenced to undergo rigorous imprisonment for a period of three months and pay fine of Rs. 1,000/- and in default thereof to undergo simple imprisonment for a period of 15 days. The conviction and sentence stands affirmed by the lower appellate Court i.e. Sessions Judge, Kullu, District Kullu, H.P. in terms of judgment dated 24.5.2006 in Criminal appeal No. 20/2005 titled as Avtar Singh versus State of Himachal Pradesh. During the course of hearing, learned counsel for the petitioner fairly states that keeping in view the age of petitioner, the order of sentence be modified and instead of directing the petitioner to undergo imprisonment, he be sentenced to pay maximum amount of fine, as is, so stipulated under the provisions of Indian Penal Code. In effect the judgment of conviction is not assailed.

The incident in question took place on 6th June, 2003. Record reveals that complainant Shri Vijay Srivastava (PW-4) sustained injuries. The trial Court passed order of conviction which stands affirmed by the lower appellate Court. The same is not challenged during the course of hearing. Hence, conviction is upheld.

Coming to the question of sentence, petitioner is of 75 years of age. Apparently he is also not healthy. The incident took place in the year 2003. Petitioner has remained on bail throughout. Thus, keeping in view the overall attending facts and circumstances, I am of the considered view that interest of justice would be met, if the order of sentence is converted from that of imprisonment for a period of three months to payment of maximum amount of fine i.e. Rs. 2,000/-, as provided u/s 325 of the Indian Penal Code.

Petitioner has already deposited Rs. 1,000/-as fine, so awarded by the trial Court. Accordingly, petitioner is directed to deposit the remaining amount of fine of Rs. 1,000/-within a period of one month from today, failing which he shall undergo simple imprisonment for a period of three months. The amount be deposited before the trial Court. In view of the aforesaid observations, present criminal revision is partly allowed and the order and judgments passed by the courts below, with regard to the sentence stands modified accordingly.