(2010] 9 S.C.R. 687
STATE OF U.P.
v.
SIYA RAM & ANR.
(Criminal appeal No. 792 of 2003)
AUGUST 5, 2010
[HARJIT SINGH BEDI AND CHANDRAMAULI KR.
PRASAD, JJ.]
Penal Code, 1860:
s.307134 - Conviction by trial court of two out of three
accused - High Court acquitting one of the appellants before
A
B
c
it and reducing the sentence of the other to the period already
undergone and imposing a fine of Rs. 10, 0001- - Appeal by
State against acquittal as also against reduction of the
0
sentence - HELD: The Court is not inclined to interfere with
the acquittal order, keeping in view the propensity to false
implications - However, reduction in the sentence of the
convict is not approved, though keeping in view the fact that
prosecution had been initiated in 1988, the term of
imprisonment is not interfered with - But, in the facts and
E
circumstances of the case, the fine is increased to Rs. 25, 0001
- - Appeal against acquittal.
CRIMINAL APP ELLA TE JURISDICTION : Criminal Appeal
No. 792 of 2003.
F
From the Judgment & Order dated 26.09.2002 of the High
Court of Judicature at Allahabad bench at Lucknow in Criminal
Appeal No. 320 of 1990.
Ratnakar Dash, Manoj Dwivedi, Gunnam Venkateswara
G
Rao for the Appellant.
S.R. Singh, H. Tyagi, Avnish Singh, Abhisth Kumar for the
Respondents.
687
H
688
SUPREME COURT REPORTS
[2010] 9 S.C.R.
A
The following order of the Court was delivered
ORDER
Three persons were sent for trial for an offence punishable
under Section 307 read with Sec. 34 of the IPC. Net Ram was
B acquitted by the Trial Court and on an appeal taken by the other
two accused Siyaram and Jiya Lal, the conviction of Jiya Lal
was maintained whereas Siyaram was acquitted on the ground
th~t no injury had been caused by the shot allegedly fired by
hini.While dealing with Jiya Lal's case the High Court further
C observed:
"However, appeal by the appellant Jiya Lal is dismissed.
The conviction order against him is also maintained. Looking
however to the facts and circumstances that the occurrence had
D taken place as back as in the year 1988 and the appellant Jiya
Lal has now become an aged person and there is nothing on
record to show that he is either habitual offender or previous
convict, he also deserves lenient view.
Considering all facts and circumstances of the case as
E well as age, character and other antecedents of the appellant
Jiya Lal, I find that it will meet the ends of justice if the sentence
awarded to the appellant Jiya Lal is modified and reduced."
The High Court accordingly reduced the sentence to that
F already undergone but imposed a fine of Rs.10,000/- and in
default of payment of fine R.I. for a period of 2 years.
This appeal has been filed at the instance of the State of
Uttar Pradesh. It has been contended by Mr. Ratnakar Das, the
learned senior counsel for the State that the finding of the High
G Court acquitting Siyaram was not justified as he had been tried
for the offence under Sec.307/34 and merely because the shot
fired by him had not hit the intended victim, was not a valid
ground for acquittal. In so far as Jiya Lal is concerned Mr. Das
has submitted that the sentence had been drastically reduced
H which was not justified in the circumstances.
STATE OF U.P. v. SIVA RAM & ANR.
689
We have heard the learned counsel for the parties and
A
have gone through the record. We are not inclined to interfere
in the acquittal of Siya Ram for the reasons recorded by the
High Court, as the propensity to implicate falsely is not
uncommon in India. We however do agree with Mr. Das that
the reduction in the sentence in case of Jiya Lal to already
B
undergone was somewhat inadequate but as prosecution had
been initiated in the year 1988, we are not inclined to interfere
on the term of imprisonment. We, however, direct that the fine
be increased to Rs.25,000/- in all and in default of payment of
fine the appellant Jiya Lal shall undergo 2 years R.I. The fine c
will be paid within three months from now to Banshi Lal, the
injured and if Banshi Lal is not available, to his legal
representatives.
The appeal is accordingly partly allowed in the above
terms.
R.P.
Appeal partly allowed.
Lex