The High Court · 2024
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 161 of 2022 1. Nawal Rai @ Nawal Kumar Rai 2. Nirmal Rai 3. Mohan Rai @ Mohan Prasad Rai The State of Jharkhand Versus --------- ..… Petitioners ..... Opposite Party
Legal Reasoning
CORAM: HON’BLE MR. JUSTICE ARUN KUMAR RAI For the Petitioners For the State --------- : Mr. Arvind Kumar Choudhary, Advocate : Mr. Bhola Nath Ojha, Spl. P.P --------- Order No. 09/ Dated: 26th April 2024 Heard learned counsel for the parties. 2. The instant revision application has been filed against the judgment dated 20.01.2020, passed by the Court of learned Additional Sessions Judge-V, Deoghar in Cr. Appeal No. 89 of 2017, affirming the judgment of conviction and order of sentence dated 14.12.2017, passed by the Court of learned Judicial Magistrate 1st Class, Madhupur in G.R. Case No. 409 of 2010, arising out of Palajori P.S. Case No. 93 of 2010, whereby the petitioners have been convicted for the offence under Section 323 and 341 of the I.P.C. and sentenced to undergo simple imprisonment for one year for the offence under Section 323 of the IPC and S.I for one month for the offence under Section 341 of the IPC with fine of Rs.500/- each and in default thereof, to further undergo SI for one month. All the sentences are directed to run concurrently. 3. Learned counsel for the petitioners submitted that an affidavit has been filed on behalf of petitioners, stating therein that the petitioners, namely, Nawal Rai, Nirmal Rai and Mohan Rai are having no criminal antecedents. It has also been pointed out on behalf of the State that a counter affidavit on behalf of the State has been filed stating therein that petitioners, namely, Nawal Rai @ Nawal Kumar Rai, Mohan Rai @ Mohan Prasad Rai and Nirmal Rai are having no criminal antecedents on the basis of report dated 04.04.2024 of Officer-in-charge, Palajori police station, Deoghar. Further, learned counsel for the petitioners drew attention of this 1 Court towards the fact that altogether 8 accused persons had faced trial and got convicted, out of which 5 co-convicts filed Cr. Revision No. 76 of 2021, in which I.A. No. 854 of 2022 was also filed for suspension of sentence and other coordinate Bench vide order dated 22.02.2022 in abovesaid I.A. modified the sentence reducing to the period already undergone by the petitioners. However, the fine amount, as imposed by the court below, is enhanced from Rs.500/- each to Rs. 1,000/- each, which will be deposited in the court below, failing which, they shall suffer S.I for two months. Learned counsel for the petitioners urged before this Court that the petitioners do not want to challenge the conviction rather they intend to assailed the sentence only. Further submission has been made that petitioners are the only breadwinner of their respective family and there is no other persons to look after them. He also pointed out that the petitioner No.1-Nawal Rai @ Nawal Kumar Rai is 61 years of age, the petitioner No.2-Nirmal Rai is 50 years of age, whereas the petitioner No.3-Mohan Rai @ Mohan Prasad Rai is 67 years of age and all of them were behind the Bar for about a month. On aforesaid premise, modification of sentence has been sought on behalf of the petitioners. 4. Learned Spl. P.P further conceded to the fact that sentence awarded to other co-convicts has been modified by the coordinate Bench in I.A. No. 854 of 2022 arising out of Cr. Revision No. 76 of 2021 vide order dated 22.02.2022. 5. I have carefully perused the lower court record and order dated 22.02.2022 passed in I.A. No. 854 of 2022 arising out of Cr. Revision No. 76 of 2021. It is apposite to mention the brief facts of the case which reads as under: The informant and his brother on way back to their home were assaulted and abused, resulting into injuries by the accused persons (including petitioners herein). Thereafter, an FIR was lodged and the charges were framed by the Court under Sections 341, 323, 324, 504 and 34 of the IPC against the accused persons (including petitioners herein). The learned trial court based on the evidences and the deposition of the 2 witnesses, convicted the accused persons (including petitioners herein) under Sections 323 and 341 of the IPC and sentenced to undergo one year of simple imprisonment under Section 323 of the IPC and SI of one month along with fine of Rs. 500/- each under Section 341 of the IPC and in default of payment of fine, to undergo SI for one month additionally. The aforesaid order of conviction and sentence dated 14.12.2017, passed by learned Judicial Magistrate 1st Class, Madhupur, Deoghar was assailed before the court of Additional Sessions Judge-V, Deoghar in Appeal, which was further dismissed and the order of conviction and sentence passed by the learned trial court has been affirmed vide order dated 20.01.2020. Hence, the instant revision. 6. After considering the material available on record, facts of the case and submission advanced by learned counsel for the petitioners and order dated 22.02.2022 in I.A. No. 854 of 2022 arising out of Cr. Revision No. 76 of 2021, it appears that the case made out in the present revision is at par with the case as mentioned in Cr. Revision No. 76 of 2021. 7. Accordingly, this Court is of the considered view that ends of justice would be met, if the sentence of petitioners are modified to the extent that it is reduced to the period already undergone by the petitioners subject to fine amount as imposed by the learned trial court is enhanced from Rs.500/- each to Rs.1,000/- each, which will be deposited before the learned trial court, failing which they shall undergo S.I for two months. 8. In view of this Cr. Revision No. 161 of 2022 stands dismissed with above-said modification in sentence. 9.
Decision
The instant Cr. Revision No. 161 of 2022 stands disposed of. 10. Let the copy of this order be communicated through FAX to the court concerned. (Arun Kumar Rai, J.) Pramanik/ 3