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IN THE SUPREME COURT OF INDIA

CRIMINAL  APPELLATE JURISDICTION  

CRIMINAL APPEAL NO. 1274  OF 2013

(Arising out of SLP(Crl.) No.5972/2012)

PREM CHAND                                 Appellant(s)

                    :VERSUS:

STATE OF HIMACHAL PRADESH                  Respondent(s)

O R D E R

Leave granted.

2. Heard Ms. Radhika Gautam, learned counsel  

appearing for the appellant and Mr.  Ajay Marwah,  

learned counsel appearing for the State of Himachal  

Pradesh.  

3. The  only  question  which  arises  in  this  

appeal is as to whether the fine to the tune of  

Rs.60,000/- imposed on the appellant is steep. The  

appellant was charged under Section 324 & 326 of  

the Indian Penal Code. The Trial Court acquitted  

the  appellant  for  the  offences  as  charged.  The  

High Court though allowed the appeal of the State,  

has  taken  a  considerate  view  considering  that  

nearly 12-13 years have gone by from the date of  

the incident till the matter was heard by it.  The

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High Court retained the conviction under Section  

324 of the IPC but imposed a fine of Rs.60,000/-.

4. Counsel for the appellant has brought to  

our notice that the appellant is a poor labourer  

and a certificate to that effect rendered by the  

Gram  Panchayat  of  the  concerned  village  dated  

30.3.2012 has been annexed to this petition. She  

submits  that  in  view  thereof,  the  fine  may  be  

reduced  to  the  minimum.  Counsel  for  the  State  

leaves it to the Court to pass appropriate order  

in this behalf. In the circumstances, we reduce  

the amount of fine to Rs.10,000/- only.  

5. Counsel for the appellant states that the  

Gram  Panchayat  has  already  made  the  payment  of  

steep fine on behalf of the appellant. That being  

so, the amount over and above Rs.10,000/- will be  

refunded  to  the  Appellant/Gram  Panchayat.  The  

appeal is allowed to this extent.

.........................J (H.L. GOKHALE)

.........................J (J. CHELAMESWAR)

New Delhi; August 26, 2013.