1994 PLP 209 (SCMR)

2. It appears further that feeling remorse for what they had done, the appellant and the other accused tried to commit suicide by drinking poison on 19‑1‑1984 at "Pretty Lodge, Pollachi". They were also admitted to Government Hospital, Pollachi.

3. The appellant and the other accused were charged for the offence under section 302 read with Section 34 of the Indian Penal Code (`I.P.C.' for short) for killing Rangan; under section 506, I.P.C. for criminally intimidating Maran (P.W.1) and under section 309, I.P.C. for attempting to commit suicide. The trial Court convicted them under section 302 read with section 34, I.P.C. and sentenced each of them to suffer life imprisonment. The Court also convicted the appellant under section 506 (latter part), I.P.C. and sentenced him to suffer rigorous imprisonment for three years. The Court further convicted both the accused under section 309, I.P.C. and sentenced each of them to suffer rigorous imprisonment for six months. The Court acquitted accused No.2 of the offence under section 506, I.P.C.

4. In appeal filed by the accused, the High Court, by the impugned judgment dated 14‑6‑1991, set aside the conviction of both the accused under Section 302 read with Section 34, I.P.C. and instead convicted the appellant under Section 304 (Part I1), I.P.C. and sentenced him to suffer rigorous imprisonment for five years and to pay a fine of Rs.3,

000. The Court convicted the other accused under section 323, I.P.C. and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,

000. The Court further set aside the conviction and sentence of both the accused under Section 506 (Part 1I). I.P.C. The Court also convicted both the accused under Section 309, I.P.C. and sentenced each of them to suffer simple imprisonment, instead of rigorous imprisonment, for six months. The Court further directed that out of the fine amount, if collected, Rs.3,000 be paid to P.W.1, widow of the deceased, Maran. The substantive sentences were directed to run concurrently.

5. The other accused has not preferred any appeal. The learned counsel appearing for the appellant contended that both the appellant and the other accused were quite young at the time they committed the offences. According to him, it is obvious from the evidence that both of them were unware of the fact that the deceased was a deaf person. As soon as they realised their grievous error, both of them tried to commit suicide and in fact for that they have been convicted. He further submitted that the appellant is a young Graduate and hails from a very respectable family. There are no antecedents and the offence in question was committed in the heat of the moment. He further submitted that the appellant has already been in jail for about 7 months and 5 days and after remission he would have to undergo imprisonment for 2 years 10 months and 16 days. He submitted that no useful purpose would be served in detaining the appellant in jail and that this is a fit case where the substantive sentence can be reduced and sufficient fine imposed to compensate the dependents of the deceased.

6. Taking into consideration the facts on record and after hearing the learned counsel for the State, we are of the view that if a steep sentence of fine is imposed and the fine is made payable to the widow and the unmarried daughter of the deceased, it will serve the ends of justice in the present case. Hence we maintain the conviction of the appellant for all the offences but reduce the sentence of imprisonment to the one already undergone and enhance the sentence of fine to Rs.1,00,

000. We are informed that the appellant has already deposited the said amount in the trial Court. There is, therefore, no need to pass any substantive sentence in default of the payment of the fine.

7. We direct that the trial Court should pay over the said amount of Rs.1,00,000 to the widow and the unmarried daughter of the deceased in the following manner. The trial Court will deposit Rs.75,000 in the account of Muthamal, widow of Rangan alias Dasarangan by opening an account in her name in any nationalised bank. Similarly, the trial Court will deposit Rs.25,000 in the name of Lakshmi (17), unmarried daughter of Rangan alias Dasarangan by opening a fixed ;deposit account in her name in any nationalised bank, in a manner that the said amount along with the interest accruing thereon should become payable to Lakshmi on her attaining the age of 21 years. The appellant to be released from jail forthwith. The appeal is allowed accordingly. M.BA./421/F.C Order accordingly.