Jharkhand High Court
Sagar Chandra Mandal vs The State Of Jharkhand on 17 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 38 of 2021
in
I.A. No.3306 of 2021
....
Sagar Chandra mandal .... Petitioner
Versus
The State of Jharkhand .... Opposite Party
....
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. Ashutosh Pd. Joshi, Adv.
For the State : Mr. Sanat Kr. Jha, APP.
....
The matter was taken up through Video Conferencing. Learned counsels for the parties
had no objection with it and submitted that the audio and video qualities are good.
06/17.08.2021 The instant criminal revision application has been filed against the order
dated 28.11.2020 passed by learned Additional Sessions Judge-I, Jamtara in
Criminal Appeal No.60 of 2018 whereby and whereunder the order dated
18.07.2018 passed by the learned Addl. Chief Judicial Magistrate, Jamtara in G.R.
Case No.417 of 2012 (T.R. No.56 of 2018) has been upheld.
It has been submitted that there is a case and counter case and the reason
for dispute is neighbourhood dispute. It has been alleged that as per the allegation,
petitioner alongwith other co-accused have assaulted the members of informant
group. P.W.1, namely, Brajesh Burman and P.W.-5, namely, Dilip Burman (the
informant) had sustained injury. The other co-accused has been given the benefit
under the probation of offenders Act. In the counter case, the victim party has also
been given the benefit but the same benefit has been denied to the present
petitioner. It has been further submitted that both the parties are neighbour and they
are residing peacefully. It has been further submitted that the petitioner has
surrendered in the court below on 14.07.2021 and he is remained in custody for
about a month.
Learned counsel for the petitioner has confined his prayer to the
sentencing part only and submitted that the petitioner is ready to pay the
compensation amount as per the mandate of Section 357 of the Cr.P.C. On above
facts, it has been submitted that the sentencing part may be modified accordingly.
Learned A.P.P. has no objection.
Having heard learned counsel for the parties and on perusal of record, it
appears that the dispute is of the year 2012. There is a case and counter case. It
further appears that the injury sustained is not life threatening. Further, all the
accused persons from both the sides have been given the benefit of Probation of
Offenders Act and this is the first offence of this petitioner.
Considering the entire material available on record and the age of the
petitioner and the relationship of the parties, this Court is of the opinion that the
order of sentence requires modification. Accordingly, in the interest of justice, the
order of sentence/ judgment dated 28.11.2020 passed by learned Additional
Sessions Judge-I, Jamtara in Criminal Appeal No.60 of 2018 whereby and
whereunder the order dated 18.07.2018 passed by the learned Addl. Chief Judicial
Magistrate, Jamtara is, hereby, modified to the extent that imprisonment is reduced
to the period already undergone by the petitioner and the compensation amount of
Rs.6000/- is imposed upon the petitioner to be deposited in the court below within
four weeks. Rs.3000/- each shall be released in favour of the injured victim P.W.-1
and P.W.-5, namely, Brajesh Burman and Dilip Burman.
With above modification of the sentence, the present revision application
and I.A. No.3306 of 2021 stand disposed of.
The petitioner is directed to be released forthwith, if his detention is not
required in any other case.
(Rajesh Kumar, J.)
Shahid/
