Jai Ram Vs. State of Rajasthan

penal code - section 304(2)--sentence--accused 72 years old undergone imprisonment partly--held, sentence be reduced to already undergone and fine of rs. 3,500/- is imposed to be paid to widow and heirs of deceased.;appeal partly accepted - guman mal lodha, j.1. this is an appeal by the appellant, jairam, against the judgment by which he has been convicted and sentenced to two year's r.i. for the offence under section 304(2) ipc.2. the only point pressed by shri v.l. mathur at the end of his arguments is that the appellant is of 72 years of age. since he has undergone some part of the term of his sentence of imprisonment imposed by trial court, the ends of justice would be met if he is released on the sentence already undergone.3. shri s.b. mathur has opposed the appeal.4. it was argued that in case this court is inclined to release the accused on the sentence already undergone, then substantial amount of fine should be imposed to compensate the legal representatives of the deceased including the widow.5. mr. v.l. mathur submits that his client will not be able to pay fine of more than rs. 5,000/- as he is an agriculturist.6. in the facts and circumstances of the case it is ordered that the appellant would pay the fine of rs. 3,500/- within a period of six months from date of receipt of record from the trial court & this amount will be paid as compensation to the widow and failing that to alive legal heirs of gopal. in default, the appellant will undergo imprisonment of one year r.i. the sentence of imprisonment awarded by the trial court is reduced to the period already undergone.7. the appeal is partially accepted as indicate above.