(Kurian Joseph and Mohan M. Shantanagoudar, JJ.)
State of Karnataka ___________________________________ Appellant
v.
Kaisarbaig & Ors. ________________________________ Respondent(s)
Criminal Appeal Nos. 215-217 of 2018 [@ Special Leave Petition (Crl.) Nos. 5682-5684 of 2013], decided on February 2, 2018
The Judgement of the Court was delivered by
Kurian, J.:—
1. Leave granted.
2. The State is before this Court, aggrieved by the Judgment dated 22.06.2012 in an appeal filed under Section 374(2) Cr.P.C. The respondents-accused are charged for committing offences under Sections 147, 148, 323, 504, 307 read with Section 149 IPC. On conviction, they were sentenced to undergo imprisonment for a period of three years.
3. Having considered the nature of injuries, the High Court converted the conviction to Sections 148 and 324 read with Section 149 IPC and sentenced them to fine of Rs. 3,000/- each under Section 148 with a default sentence and fine of Rs. 10,000/- each under Section 324 with default sentence. The fine amount was directed to be paid to the victim – PW5.
4. The learned counsel for the respondents has brought to our notice that the accused have already undergone some period in jail. Apparently, this was in the mind of the High Court while reducing the sentence, in addition to the submission made by the learned counsel for the respondents, that the parties have since purchased peace.
5. Having heard the learned counsel for the State and the parties, though this Court is also of the view that the punishment, as ordered by the High Court, is too low, however, having regard to the fact that the respondents have already undergone some period in jail and taking note of the fact that the incident occurred in the year 2007 and since the parties have purchased peace, we are of the view, in the peculiar facts of this case, that no further sentence of incarceration needs to be imposed. However, the respondents-accused should be visited with a higher amount of fine, which shall be paid to the victim.
6. Accordingly, these appeals are disposed of, imposing a total fine of Rs. 50,000/- (Rupees Fifty Thousand) in addition to what has already been paid to the victim. This amount shall be paid by the respondents-accused to the victim – PW5 within a period of three months from today and in that regard, the amount shall be deposited in the trial court within a period of two months from today. In the event of default, the respondents-accused shall undergo imprisonment for a period of three months.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 5682-5684/2013
State of Karnataka ___________________________________ Petitioner
v.
Kaisarbaig & Ors ________________________________ Respondent(s)
(FOR PERMISSION TO COMPOUND THE OFFENCE ON IA 21867/2015)
Date : 02-02-2018 These matters were called on for hearing today.
(Before Kurian Joseph and Mohan M. Shantanagoudar, JJ.)
For Petitioner(s) Mr. V. N. Raghupathy, AOR
For Respondent(s) Mr. Sharanagouda Patil, Adv.
Ms. Supreeta Sharanouda, Adv.
Mr. Kalyan Bandru Krishna, Adv.
For M/S. S-legal Associates
UPON hearing the counsel the Court made the following
Order
7. Leave granted.
8. The appeals are disposed of in terms of the signed non-reportable Judgment.
9. Pending Interlocutory Applications, if any, stand disposed of.
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