Allahabad High Court
Abid Ali vs State Of U.P. on 9 September, 2022
Bench: Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
(Lucknow)
***
RESERVED ON 30.8.2022
DELIVERED ON 9.9.2022
Criminal Appeal No. 2018 of 2004
Abid Ali ...Appellant
Through: Ms. Aishwarya Mishra holding brief of Sri Rishad Murtaza, Counsel for the appellant
vs.
State of U.P. ...Opposite party
Through: Arvind Kumar Tiwari, Additional Government Advocate
ORDER
HON'BLE NARENDRA KUMAR JOHARI, J.
1. Present criminal appeal has been filed by the accused-appellant Abid Ali under Section 374 (2) Cr.P.C. against judgment of conviction and order of sentence dated 31.08.2004, passed by learned Additional District and Sessions Judge/Fast Track, Court No.2, Sultanpur in S.T. No.206 of 2002, under Section 323/34 IPC, Police Station Chanda, District Sultanpur. By the impugned judgment and order, the appellant was convicted by learned trial court and sentenced to undergo for one year Rigorous Imprisonment for the offence under Section 324/34 of I.P.C. along with fine of Rs. 1000/-, in default thereof, three months additional sentence and further to undergo four months Rigorous Imprisonment for the offence under Section 323/34 IPC along with fine of Rs. 500/-, in default thereof, 15 days additional sentence respectively, with a direction that out of the fine imposed, 80% to be given to Srimati Shahjahan.
2. Learned counsel for the appellant has submitted that the appellant has wrongly been convicted in the case for the offence under Sections 324/34 and 323/34 IPC as no specific role of the appellant has been shown in beating the victim or her family members. At present, their relations are good. There is no criminal history of appellant either before the date of occurrence or after the date of occurrence. The appellant is sole bread earner of his family. The appellant is providing his lawful contribution towards the betterment of the society. His relation with complainant being close relative turned cordial.
Learned counsel for the appellant has further submitted that appellant is remorseful of his conduct to the society and he has feeling of transform himself as a regret. Approximately 21 years have gone by and no fruitful purpose will be served if the appellant will be sent jail again after a long time of gap. Learned counsel for the appellant has further stated that he is not going to challenge the conviction order of the court rather he is praying for modification in order of sentence for the period already undergone by the appellant.
3. Learned AGA has submitted that the appellant has rightly been convicted by the trial court for the offence under Sections 324/34 and 323/34 IPC. So far as the prayer for modification in order of sentence is concerned, he has no objection if the Court considers the mitigating circumstances of the case.
4. Having heard the submission of learned counsel for the appellant and learned AGA, I have gone through the record of the case properly.
5. In view of the prayer so made by the learned counsel for the appellant, the order of conviction passed by learned trial court is affirmed.
6. In the present case, the appellant, Abid Ali, has been convicted by learned trial court and sentenced to undergo for one year Rigorous Imprisonment for the offence under Section 324/34 of I.P.C. along with fine of Rs. 1000/-, in default thereof, three months additional sentence and further to undergo four months Rigorous Imprisonment for the offence under Section 323/34 IPC along with fine of Rs. 500/-, in default thereof, 15 days additional sentence respectively. The appellant has no criminal history. His relation with complainant subsequently became cordial. Both are closed relatives. The appellant is the sole bread earner of his family. From the date of occurrence, approximately 21 years have gone by and no fruitful purposed will be served if the appellant will be sent jail again after a long time of gap. According to the learned counsel for the appellant, the appellant is providing the beneficial contribution to the society. He is regretful and remorseful for the act done. He has undergone for the period of 19 days approximately.
7. The provisions of Cr.P.C. has not given any straitjacket formula for sentencing. According to law laid down by the Hon'ble Apex Court and High Courts, the sentence for the offence depends on so many factors like circumstances for commission of crime, character, antecedents of offenders, use of weapon, mode of crime, mental status and the age of offender. The socio economic condition also plays a vital role. It can be inferred that the object for sentencing should be reformative.
8. Taking into consideration the facts, circumstances and arguments of learned counsel for the parties, in the opinion of the Court, the appellant should be given a chance to reform himself and he be allowed to give his better contribution to the society to which he belongs. Consequently, without interfere into the order of conviction, the sentence awarded by learned trial court is modified to the period already undergone.
9. Since the Court is taking a lenient view by altering the sentence awarded by the court below, therefore, it will be just and proper to award an appropriate compensation to the family of victim also. Accordingly, appellant, within one month from today, will deposit Rs. 10,000/- as compensation before the trial court. The trial court will disburse the aforesaid amount of compensation to the victim. If it is found that complainant is not alive the said compensation amount be paid to his legal successor.
10. It is made clear that if the aforesaid amount of compensation is not deposited by the appellant as directed above, the trial court will recover the aforesaid amount in accordance with law.
11. Accordingly, the appeal is disposed of.
12. Office is directed to send the copy of this order along with the record of the case to the court concerned for compliance.
(Narendra Kumar Johari, J.)
Lucknow
September 8, 2022
Amit
Whether the order is speaking:- Yes/No
Whether the order is reportable:- Yes/No
