Devender Paswan vs State
2008 Latest Caselaw 2047 Del

                                                               7#
*     HIGH COURT OF DELHI AT NEW DELHI

     +      CRL.A. 766/2004 and Crl.M.(B)2253/2006


                                 Date of decision : 20.11.2008

      DEVENDER PASWAN                        ..... Appellant
                  Through:           Ms. Anu Narula, Adv.

                              Versus


      STATE                    ..... Respondent
                           Through: Mr. M.P. Singh, APP.
                                       WSI Seema Singh
%
      CORAM:
      HON'BLE MS. JUSTICE ARUNA SURESH

     (1) Whether reporters of local paper may be
         allowed to see the judgment?

     (2) To be referred to the reporter or not?

     (3) Whether the judgment should be reported
         in the Digest ?

                           JUDGMENT

ARUNA SURESH, J. (Oral)

1. Appellant happen to be the maternal uncle of injured

Pradeep Paswan and the other injured; Smt. Bhoolan

Devi happens to be Bhabhi of the appellant (wife of

PW3 Shatrughan, the brother of the appellant). As per

the prosecution case, on 15.08.2000 appellant allegedly

caused burn injuries on the person of injured Pradeep

Paswan and Smt. Bhoolan Devi by throwing some

chemical on them with an intention to kill them because

of previous enmity between the appellant and

appellant's brother Shatrughan and Shatrughan's

family members. FIR under Section 307/324 IPC was

registered against the appellant as injuries found on the

person of Pradeep Paswan were found to be dangerous

caused by chemical and the injuries found on the

person of injured Bhoolan Devi were found to be simple

in nature caused by chemical.

2. Learned trial court after receipt of the charge sheet

framed charges under Section 307/506 IPC against the

appellant to which he pleaded not guilty and claimed

trial. Prosecution in all examined 12 witnesses in

support of its case including injured Pradeep Paswan,

appellant's brother Shatrughan Paswan, Smt. Bhoolan

Devi wife of Shatrughan Paswan, Pradeep Paswan's

brother Ashok and neighbour Naginder Paswan.

3. Learned trial court vide his reasoned judgment dated

27.08.2004 convicted the appellant for the offences

punishable under Section 307/506 IPC. After affording

opportunities to the appellant of being heard on

sentence, the learned trial court vide its order dated

27.8.2004 was pleased to sentence the appellant to

undergo rigorous imprisonment (RI) for seven years for

offence punishable under Section 307 IPC and to

further undergo RI for one year for offence punishable

under Section 506 IPC. However, no fine was imposed.

Benefit of Section 428 Cr.P.C. was also given to the

appellant.

4. I have heard Ms. Anu Narula, learned counsel for the

appellant, Mr. M.P.Singh, learned APP for the State and

have perused the record.

5. During the course of arguments on merits of the

judgment, learned counsel for the appellant conceded

that since it was a family dispute and there was a

quarrel inter se the parties in which injured Pradeep

Paswan and Smt. Bhoolan Devi had received injuries

and prosecution witnesses have supported the case of

the prosecution she does not want to submit further on

merits of the judgment dated 27.8.2004 whereby the

appellant was convicted. However, she has prayed that

the order on sentence dated 28.8.2004 be modified to

the undergone period already suffered by the appellant

as substantial sentence of RI for about six years has

already been suffered by the appellant.

6. Under the circumstances of the case, considering the

cause of dispute between the injured persons and

appellant, the fact that they are family members and

that appellant has no previous criminal record nor is

involved in any other case, interest of justice would be

met if the order on sentence is modified to the

undergone period of RI which appellant has already

suffered.

7. Accordingly appeal is partly allowed. Consequently, the

order on conviction dated 27.8.2004 is upheld and the

order on sentence dated 28.8.2004 is hereby modified.

Appellant is sentenced to undergo rigorous

imprisonment for the period already undergone by him.

8. Trial court record be sent back immediately.

9. Attested copy of the order be sent to the trial court,

Superintendent Jail as well as to the State.

ARUNA SURESH (JUDGE) NOVEMBER 20, 2008 vk