The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (SJ) No.333 of 2008 ------ 1. Radhey Mahamarik Son of Late Sukhdeo Mahamarik. 2. Shanti Mahamarik Son of Late Sukhdeo Mahamarik. 3. Arjun Mahamarik Son of Late Sukhdeo Mahamarik. 4. Jyotin Mahamarik Son of Late Sukhdeo Mahamarik. 5. Laddu Mahamarik Son of Shanti Mahamarik 6. Bablu Mahamarik Son of Arjun Mahamarik. 7. Bhupal Mahamarik Son of Baldeo Mahamarik All residents of village-Parpahra, P.S. Saraiyahat, District- Dumka. 8. Sukhdeo Manjhi, Son of Anup Manjhi. 9. Chandan Manjhi, Son of Sukhdeo Manjhi. Both Residents of Nonia, P.S. Saraiyahat, District- Dumka. .... …. Appellant(s) Versus 1. The State of Jharkhand 2. Rajiv Kumar @ Ravi Kumar Mahamarik Son of Kaleshwar Mahamarik. R/O Parparhara P.O. & P.S. Saraiyahat, District- Dumka .... .... Respondents ------ For the Appellant(s)
Legal Reasoning
: Mr. Manoj Kumar Sah, Advocate For the State : Mr. Pankaj Kumar Mishra, A.P.P. Cr. Appeal (SJ) No.333 of 2008 1 Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA PRESENT ----- JUDGMENT Date:- 13.12.2024 By Court:- Heard Mr. Manoj Kumar Sah, learned counsel for the appellant as well as Mr. Pankaj Kumar Mishra, learned A.P.P. appearing for the State. 2. Present criminal appeal is directed against the judgment of conviction and order of sentence dated 26th February, 2008 passed by Learned 4th Additional Sessions Judge, F.T.C., Dumka in Sessions Case Nos. 36/2006 & 44/2006, whereby and where under the appellant nos.1 & 2 convicted under Section 325 and 147 of the I.P.C. and sentenced to undergo rigorous imprisonment for three years under Section 325 of the I.P.C. and to undergo rigorous imprisonment for one year for the offence under Section 147 of the I.P.C. and other appellant nos. 3 to 9 were also convicted for the offence under Sections 147, 323 of the I.P.C. and instead of awarding the substantive sentence appellant nos.3 to 9 were directed to furnish the Probation bonds under Section 4 of Probation of Offenders Act, 1958 of Rs.2,000/- with one surety for maintaining peace and good behavior for a period of one year. 3. It is clear from the counter affidavit filed by the learned A.P.P. appearing for the State that the concerned police station has contacted to the appellants and found that appellant no.8 Cr. Appeal (SJ) No.333 of 2008 2 (Sukhdeo Manjhi) has died on 10.05.2010 and other appellants are still alive. Hence, the appeal with respect to Sukhdeo Manjhi stands abated. Factual Matrix 4. The prosecution case was initiated on the basis of a Fard beyan of the informant namely Rajiv Kumar @ Ravi Kumar Mahamarik stating inter alia that when he was sitting in the house of his maternal uncle, in the meantime, on 01.08.2005 at about 1.30 PM to 02:00 PM suddenly all the accused persons armed with lathi, sword and pistol forcibly entered into the house and took away one box containing 55 bhers silver and Rs.10,000/-, lota, thali and assaulted all family members of the informant. 5. On the basis of the written-statement of the informant, Sarayahar P.S. Case No. 105 of 2005 for the offence under Sections 147, 148, 448, 323, 324, 307 and 379 of the I.P.C. 6. After completion of investigation, the police submitted charge- sheet against all the accused persons under Sections 147, 148, 323, 325 and 307 of the I.P.C. 7. After taking cognizance of the offences, the case was committed to the Court of Sessions for trial and disposal. The charges framed Cr. Appeal (SJ) No.333 of 2008 3 were explained to the appellants who pleaded not guilty and claimed to be tried. 8. Learned counsel for the appellants confines himself to the quantum of sentence instead of challenging the findings of learned trial Court on merits. It is submitted that the other co-accused persons were released after extending the benefit of Section 4 of Probation of Offenders Act, 1958. It is further submitted that the learned trial court did not appreciate that the injury report does not support the case of the prosecution. It is submitted that there was a land dispute between the parties and there is none of the articles were seized like bricks, stone and blood stained soil. The similar circumstances, some of the appellants have been extended the Section 4 of Probation of Offenders Act, however, without recording any specific reason the concerned trial court has not given the benefit of Section 4 of Probation of Offenders Act, 1958 to the other appellants i.e. appellant nos. 1 and 2. The appellants appellant nos. 1 and 2also deserve the same benefit as was extended to the other co-accused person. Accordingly, this appeal
Decision
may be disposed of. Cr. Appeal (SJ) No.333 of 2008 4 9. On the other hand, learned Additional Public Prosecutor has defended the judgment of conviction and sentence of appellant on merits. 10. I have gone through the record of the case along with the impugned judgment of conviction and sentence passed by the learned trial court. It appears that the prosecution has failed to prove the charge under Section 307 of the I.P.C., but there are sufficient evidence available on record to prove the charges leveled under Sections 325 and 147 of the I.P.C. The appellants were in custody for some days during trial of the case. In the facts and circumstances of the case, the nature of offence committed by the appellants, sentence of imprisonment already undergone appears to be sufficient punishment instead of awarding substantive sentence awarded by the concerned trial court. Accordingly, this appeal is dismissed on merits with modification in the sentence to the extent that appellants are punished for the period already undergone. 11. Appellants are on bail, as such they shall be discharged from the liability of bail bond and sureties shall also be discharged. 12. Pending I.A., if any stands disposed of. Cr. Appeal (SJ) No.333 of 2008 5 13. Let a copy of this order along with trial court record be sent to the concerned court forthwith for information and needful. (Pradeep Kumar Srivastava, J.) Jharkhand High Court, at Ranchi Date: 13 /12/2024 Amar/- N.A.F.R. Cr. Appeal (SJ) No.333 of 2008 6