Jharkhand High Court
Kuddus Sk. vs The State Of Jharkhand on 9 April, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.585 of 2013
With
I.A. No.1987 of 2021
1. Kuddus Sk., Son of Buran Sk.
2. Ziyaul Sk., Son of Tamu Sk. ... ... Petitioners
Versus
1. The State of Jharkhand
2. Md. Farman Ali, S/o Md. Sajjauddin
...... Opposite Parties
---
CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
---
For the Petitioners: Mr. Dharmendra Kumar Maltiyar, Adv.
Ms. Pooja Kumari, Amicus Curiae.
For the Opp. No.2 : Mr. Rajesh Kumar Mishra, Adv.
For the State : Mr. Nawin Kumar Singh, Adv.
---
Through Video Conferencing
---
14/09.04.2021 Heard Mr. Dharmendra Kumar Maltiyar, learned
counsel appearing on behalf of the petitioner.
2. Heard Ms. Pooja Kumari, learned Amicus Curiae
appointed to assist this Court on behalf of the petitioners.
3. Heard Mr. Rajesh Kumar Mishra, learned counsel
appearing on behalf of the opposite party no.2.
4. Heard Mr. Nawin Kumar Singh, learned counsel
appearing on behalf of the Opposite Party-State.
5. Learned counsel for the petitioners submits that this
criminal revision application has been filed against the
judgment and order dated 31.05.2013 passed in Criminal
Appeal No.22 of 2012 by learned Principal Sessions Judge,
Sahibganj whereby the appeal has been dismissed, being
devoid of any merit and the judgment of conviction and
sentence dated 16.02.2012 passed by the learned Civil Judge,
Junior Division - cum - Judicial Magistrate, 1st Class,
Rajmahal in P.C.R. Case No.283 of 1997, by which the
petitioners were convicted under sections 379/34 of Indian
Penal Code and were sentenced to undergo simple
imprisonment for a period of one year with a fine of Rs.1,000/-
and in default of payment of fine, they were further directed to
suffer simple imprisonment for a period of one month more,
was upheld.
6. Learned counsel for the petitioners submits that one
interlocutory application being I.A. No.1987 of 2021 has been
filed by way of joint compromise petition. He submits that due
to intervention of the well-wishers of the village of both the
parties, both the parties have compromised the matter out of
court.
7. Learned counsel appearing on behalf of the opposite
party - State has no serious objection for disposing of the
matter and for setting aside the sentence.
8. Learned counsel appearing on behalf of the opposite
party no.2, on the other hand, submits that he has no objection
if the sentence of the petitioners is set aside as the matter has
been compromised out of court.
9. After hearing the learned counsel for the parties and
considering the facts and circumstances of this case, this Court
finds that there are concurrent findings of facts recorded by
the learned courts below regarding conviction of the
petitioners under Sections 379/34 of Indian Penal Code and no
argument as such has been advanced by the learned counsel
appearing on behalf of the petitioners assailing the concurrent
findings of facts recorded by the learned courts below.
Accordingly, conviction of the petitioners under Sections
379/34 of Indian Penal Code passed by the learned trial court
and upheld by the learned appellate court is affirmed.
10. So far I.A. No.1987 of 2021 is concerned, it appears that
the parties have settled the matter outside the court and they
have filed a joint compromise petition. Accordingly, in view of
the compromise entered into between the parties and for the
ends of justice and for ensuring peace between the parties, the
order of sentence dated 16.02.2012 passed by learned Civil
Judge, Junior Division - cum - Judicial Magistrate, 1st Class,
Rajmahal in P.C.R. Case No.283 of 1997 against the petitioners
and upheld by the learned appellate court in Criminal Appeal
No.22 of 2012 is hereby set aside.
11. I.A. No.1987 of 2021 stands disposed of.
12. The conviction of the petitioners is upheld and their
sentence is set-aside.
13. The petitioners are discharged from the liability of
their bail bonds.
14. Let the lower court records be sent back to the court
concerned.
15. Let a copy of this order be communicated to the
learned court below through E-mail/FAX.
(Anubha Rawat Choudhary, J.)
Saurav/
