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Narayansingh Nathusingh Vs. Natvarlal Harilal Thakkar and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 340 of 1981
Judge
Reported in(1981)4SCC507
ActsIndian Penal Code (IPC), (IPC) 1860 - Section 332
AppellantNarayansingh Nathusingh
RespondentNatvarlal Harilal Thakkar and anr.
DispositionAppeal Dismissed
Excerpt:
- [ a.d. koshal and; e.s. venkataramiah, jj.] -- penal code, 1860 — section 332 — sentence — sentence of 3 months' ri reduced to 29 days already undergone and unexpired portion of the sentence converted into a fine of rs 1500 in addition to the fine of rs 500 already imposed -- the appellant has been convicted of an offence under section 332 of the indian penal code and sentenced to rigorous imprisonment for three months and a fine of rs 500, the sentence in default of payment of fine being rigorous imprisonment for a month. if the fine is not paid the appellant shall suffer rigorous imprisonment for three months......has been convicted of an offence under section 332 of the indian penal code and sentenced to rigorous imprisonment for three months and a fine of rs 500, the sentence in default of payment of fine being rigorous imprisonment for a month. it would suffice for the ends of justice to convert the unexpired portion of the substantive sentence of imprisonment into a fine of rs 1500, so that the sentence imposed upon him, as amended hereby, would be rigorous imprisonment for the period already undergone (which is 29 days) and a total fine of rs 2000. we order accordingly. if the fine is not paid the appellant shall suffer rigorous imprisonment for three months. out of the fine realised, a sum of rs 1000 shall be paid to respondent 1 as compensation.3. with the above modification in the.....
Judgment:

A.D. KOSHAL, J.

1. Special leave granted.

2. The appellant has been convicted of an offence under Section 332 of the Indian Penal Code and sentenced to rigorous imprisonment for three months and a fine of Rs 500, the sentence in default of payment of fine being rigorous imprisonment for a month. It would suffice for the ends of justice to convert the unexpired portion of the substantive sentence of imprisonment into a fine of Rs 1500, so that the sentence imposed upon him, as amended hereby, would be rigorous imprisonment for the period already undergone (which is 29 days) and a total fine of Rs 2000. We order accordingly. If the fine is not paid the appellant shall suffer rigorous imprisonment for three months. Out of the fine realised, a sum of Rs 1000 shall be paid to Respondent 1 as compensation.

3. With the above modification in the sentence, the appeal is dismissed.


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