Criminal Appeal No. 37/53 of 2011 · The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLREV No.340 of 2021 (An application U/Ss.397 & 401 of the Code of Criminal Procedure, 1973). Sunia Sabar … -versus- Petitioner State of Odisha … Opposite Party For Petitioner : Mr. A.K. Panda, Advocate For Opposite Party : Mr. A. Pradhan, Addl. PP CORAM: JUSTICE G. SATAPATHY F DATE OF HEARING & JUDGMENT:04.03.2025(ORAL) G. Satapathy, J. 1. This criminal revision U/Ss.397/401 of the Code of Criminal Procedure, 1973 ( in short, “CrPC”) by the revision-petitioner is directed against the impugned judgment dated 27.11.2012 passed by the learned Addl. District & Sessions Judge, Champua in Criminal Appeal No. 37/53 of 2011-2009 modifying the conviction of the revision-petitioner and one Deba Munda for offences punishable U/S.324/506/34 of IPC while setting aside their conviction for rest of the CRLREV No.340 of 2021 Page 1 of 8 offences, out of their conviction for offences U/Ss.452/341/354/324/506/323/34 of the IPC as recorded by the learned J.M.F.C., Barbil under impugned judgment dated 03.03.2009 passed in G.R. Case No.445 of 2002. The learned Appellate Court, however,
Legal Reasoning
confirmed the sentence of the revision-petitioner as imposed by the learned JMFC, Barbil in convicting him in the aforesaid case for the offences U/S.324/506/34 of IPC which was confirmed in the Appeal. 2. By way of a judgment passed on 03.03.2009 in G.R. Case No. 445 of 2002, the learned J.M.F.C, Barbil had convicted the revision-petitioner and one Deba Munda for commission of offence punishable U/Ss.452/341/323/324/354/506/34 of IPC and sentenced each of them to undergo Rigorous Imprisonment (RI) for three months for offence U/Ss.452/34 of IPC; Simple Imprisonment (SI) for a period of one month for offence U/Ss.341/34 of IPC; RI for a period of one year for offence U/Ss.323/34 of IPC; RI for a period of two years for offence U/Ss. CRLREV No.340 of 2021 Page 2 of 8 324/34 of IPC; RI for a period of one year for offence U/Ss. 354/34 of IPC and RI for a period of two years for offences U/S.506/34 of IPC with the benefit of set off of pre-trial detention against the substantive sentence and running of sentences concurrently. 3. The facts as recapitulated in precise are that on 16.12.2002 at about 8 P.M. while the informant (PW.1) was sitting in the house of his sister, the revision-petitioner dragged him out from the house and assaulted him, whereas co-convict-Deba assaulted him by means of an iron pipe causing bleeding injury and accused Jagan Munda dealt a sickle blow on his right side neck and the other co-accused persons assaulted him by means of a bamboo lathi. On this incident, PW.1 lodged an FIR before the OIC, Joda Police Station on 17.12.2002 and accordingly, Joda PS Case No. 180 of 2002 was registered and the matter was investigated into resulting in submission of charge sheet against the revision-petitioner and other three accused persons for commission of offence punishable U/Ss.452/341/323/ CRLREV No.340 of 2021 Page 3 of 8 324/354/427/506/34 of IPC. Accordingly, cognizance was taken for the aforesaid offences resulting in trial in the present case when the revision-petitioner and other co-convict as well as two accused persons namely Jagan Munda and Berga Kala pleaded not guilty to the charge and claimed for trial, but during trial accused Jagan Munda and Berga Kala died and case against them stands abated. 4. In the course of trial, the prosecution examined altogether six witnesses and relied upon four documents under Ext.1 to 4 as against no evidence whatsoever by the defence. After appreciating the evidence on record upon hearing the learned counsel for the parties, the learned J.M.F.C., Barbil by way of an impugned judgment convicted the revision-petitioner and one Deba Munda for the offences indicated in the preceding paragraph and thereafter, the revision-petitioner and the co-convict Deba Munda unsuccessfully carried an appeal to the learned Addl. Sessions Judge, Champua, who confirmed the conviction and sentence of the revision- CRLREV No.340 of 2021 Page 4 of 8 petitioner for offence U/Ss. 324/506/34 of IPC. Being aggrieved, the revision-petitioner has carried this
Legal Reasoning
revision to this Court, but Mr. Alok Panda, learned counsel for the revision-petitioner informs the Court that convict Deba Munda having undergone his sentence has already been released from jail custody. 5. In the course of hearing, Mr. Alok Kumar Panda, learned counsel for the revision-petitioner by filing a memo does not press revision on merit and accordingly, without disputing the conviction of the revision-petitioner, Mr.Panda, however, only confines his submission to the sentence of the revision- petitioner on the ground that the petitioner has already suffered a sentence of 19 months. Mr.Panda accordingly prays to modify the sentence of the revision-petitioner to the period already undergone. On the other hand, Mr. A. Pradhan, learned Addl. Public Prosecutor, however, does not oppose the prayer of the revision-petitioner for reduction of his sentence. CRLREV No.340 of 2021 Page 5 of 8 6. After having considered the rival submissions upon going through the materials placed on record, it is not in dispute that the revision-petitioner’s conviction has been confirmed by the learned Addl. Sessions Judge, Champua for commission of offence punishable U/Ss. 324/506/34 of IPC and on examining such findings of the learned trial Court with reference to the evidence of the witnesses, more particularly the evidence of the injured, this Court does not find any error apparent on the conviction of the revision- petitioner, but this Court now certainly wants to examine the sentence of the revision-petitioner because it is found out from the record that the offence was committed around 23 years back. Further, on being requested, the Addl. Public Prosecutor has obtained the custody certificate of the revision- petitioner in which the petitioner has been described to have undergone incarceration for a period of 15 months 29 days as on 29.11.2024, but in the meanwhile, more than three months has elapsed and therefore, the petitioner must have undergone 19 CRLREV No.340 of 2021 Page 6 of 8 months of incarceration out of the awarded sentence. 7. It is also not in dispute that the convict is aged about 45 years and no previous conviction has been proved against him. Further, the main allegation of assaulting the injured by means of an iron pipe or thenga has been directed against co-convict and other accused persons, but the only allegation against the petitioner is for simple assault on the injured. Moreover, the revision-petitioner as well as the injured are Tribal people residing in hamlets of Tribal village where temper of the persons runs very high and for a very silly matter, people used to assault each other and they being simple in nature has no knowledge and the intricacies of law and the punishment. Be that as it may, taking into consideration the incarceration suffered by the revision-petitioner for more than one year and nine months, out of the awarded sentence period of two years as ordered for offence U/Ss. 324/506/34 of IPC with direction for running of the sentence concurrently, this Court considers that interest of justice would be best served, if the CRLREV No.340 of 2021 Page 7 of 8 sentence of the revision-petitioner is reduced to the period already undergone. 8. In the result, the revision petition stands
Decision
dismissed on contest, but there is no order as to costs. Consequently, while maintaining the conviction of the revision-petitioner for offence U/Ss.324/506/34 of IPC, this Court directs for reduction of sentence of the revision-petitioner to the period already undergone. A copy of the judgment be immediately sent to the concerned jail authority for releasing the revision-petitioner forthwith, if his detention is not otherwise required in any other case. (G. Satapathy) Judge Orissa High Court, Cuttack, Dated the 4th day of March, 2025/S.Sasmal Signature Not Verified Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 05-Mar-2025 18:29:25 CRLREV No.340 of 2021 Page 8 of 8