Allahabad High Court
Ramayan Singh And Another vs State Of U.P. on 16 February, 2023
Bench: Om Prakash Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 90
Case :- CRIMINAL APPEAL No. - 1081 of 2023
Appellant :- Ramayan Singh And Another
Respondent :- State of U.P.
Counsel for Appellant :- Pushpendra Singh
Counsel for Respondent :- G.A.
Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for appellant, learned A.G.A. for State and perused the impugned judgment.
This criminal appeal has been preferred against the judgment and order dated 27.09.2022 passed by learned Additional Sessions Judge/Special Judge (D.A.A.), Hamirpur in Special Trial No. 112/2016, Case Crime No. 248/2016, P.S.- Kotwali Nagar, District- Hamirpur, whereby appellants have been convicted and sentenced two years rigorous imprisonment and a fine of Rs. 1000/- for offence under Section 224 I.P.C., one year imprisonment for offence under Section 323 I.P.C., seven years rigorous imprisonment for offence under Section 395 read with Section 120-B I.P.C. and appellant no. 2- Rahul also convicted and sentenced for seven years rigorous imprisonment and a fine of Rs. 5,000/- for offence under Section 412 I.P.C.
Admit.
Since argument has been advanced and confined to the point of quantum of sentence, details of entire facts need not be elaborated here. As same have been detailed in the judgment of the trial court. Relevant facts are being narrated for purpose of understanding the case.
The case of prosecution in nut shell is that on 20.09.2016 at 5 'o' clock some police personnel were coming from District court to District Jail, Hamirpur after getting produced the accused before the court. Then accused Ramayan Singh and Babloo threw the chili powder in the eyes of police personnel. Taking advantage of this scene, the accused Babloo @ Awadehesh Kumar, Manmohan, Rahul Singh, Goyam Yadav, Raghvenera and Hariom Singh fled away after taking the rifle from Constable-Bhanu Prakash. Accused Ramayan Singh has been caught by police personnel on the spot.
Before this Court, learned counsel for appellant has not challenged the conviction so conviction of the appellants is maintained detailed as above.
The main submission is that appellants are in jail since 21.09.2016 after conviction and they were in jail during trial. Custody certificate issued by District Jail, Hamirpur issued on 06.02.2023 shows that appellant no.1 - Ramayan Singh served out 06 years 04 months 10 days and appellant no. 2- Rahul served out 06 years 04 months 14 days with remission and further submitted that sentence of appellants be reduced to sentence undergone. Applicants are poor and he has no criminal history.
Total sentence of appellants is seven years out of which appellant no. 1 had served out 06 years 04 months 10 days and appellant no. 2 had served out 06 years 04 months 14 days. This sentence would suffice the end of justice and sentence of the appellant is reduced to sentence already undergone by the appellants in place of 07 years.
So far as fine is concerned, total fine has been awarded to appellants Rs. 12,000/- and the same shall be paid by appellants. In default of payment of fine one month additional simple imprisonment would suffice the end of justice. Impugned order stands modified to the above extent.
Office is directed to communicate this order to court and Jail Superintendent concerned to ensure compliance. Lower court record be remitted back to the court concerned forthwith, if received.
Judgment be certified and be placed on trial court record.
Recovered material exhibits be disposed of as per law and rules.
In the result, the instant criminal appeal is partly allowed.
Consign.
Order Date :- 16.2.2023
Sharad/-
