Surmal vs State
2022 Latest Caselaw 2617 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc(Pet.) No. 607/2022

Surmal, S/o Pem Ji, B/c Damor Meena, R/o Bhatada, P.s. Ganeshpur Dist. Dungarpur.

                                                                   ----Petitioner
                                    Versus
   1. State, Through PP

                                                                 ----Respondent


For Petitioner(s)         :     By Post
For Respondent(s)         :     Mr. Anil Joshi, GA-cum-AAG (In Charge)



           HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

14/02/2022

The Criminal Appeal No.682/2005 preferred by the accused

Surmal was decided by a Coordinate Bench of this Court vide

judgment dated 08.12.2015. The conviction of the appellant was

toned down from the offence punishable under Section 302 IPC to

one under Section 304 Part I IPC. The substantive sentence was

reduced to 10 years' R.I. but the fine of Rs.2,000/- imposed upon

the appellant was enhanced to Rs.1,00,000/- which was ordered

to be paid to the wife of the deceased subject to her being alive.

The trial court has forwarded an intimation that Smt. Badi

wife of deceased Hamji has passed away. The couple had three

sons from which one has expired. The remaining two sons have

submitted an application that the amount of Rs.1,00,000/- may be

paid to them.

In view of the facts noted above, we pass a consequential

order in light of the judgment dated 08.12.2015 that the trial

court shall ascertain the details of the legal heirs, if any, of the

deceased son of Shri Hamji and thereafter, the amount of

Rs.1,00,000/- shall be distributed equally among the legal heirs, if

any, of such deceased and the two surviving sons of Shri Hamji.

The matter is disposed of accordingly.

(VINOD KUMAR BHARWANI),J (SANDEEP MEHTA),J

6-Tikam/-

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