Bhoop Ram Vs. State of Rajasthan

penal code - sections 307 and 450--sentence--gun shot case--shot hit in abdomen--held, it would be proper to reduce 7 years sentence under section 307 and 5 years sentence under section 450 to 3-1/2 years sentence--sentences to run concurrently.;appeal partly allowed - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 - as such, accused has to be treated as juvenile under the said act. m.c. jain, j.1. heard learned counsel for the parties.2. learned counsel for the appellant does not challenge the conviction. he, however, urged that the sentence awarded has been severe.3. the appellant has been convicted under section 307 ipc and has been sentenced to 7 years rigorous imprisonment and to a fine of rs. 200/-. in default of payment of fine to undergo two months simple imprisonment. he has also been convicted for the offence under section 450, ipc and has been sentenced to 5 years rigorous imprisonment and to a fine of rs. 200/-, in default to undergo two months simple imprisonment. he has been further convicted under section 27 of the arms act and has been sentenced to three years simple imprisonment and to a fine of rs. 100/-, in default to undergo one month's simple imprisonment. all the substantive sentences have been ordered to run concurrently.4. it is a gun-shot case. the shot has been hit in the abdomen.5. considering the facts, it would be proper to reduce the substantive sentences for the offence under section 307 ipc to 3-1/2 years rigorous imprisonment and also for the offence under section 450 ipc to 3-1/2 year's rigorous imprisonment.6. accordingly this appeal is partly allowed. convictions of the appellant are maintained, however, his substantive sentences for the offences under section 307 ipc and 450 ipc are reduced to 3-1/2 years rigorous imprisonment. rest of the sentences are maintained. the sentences shall run concurrently.