Raquib Sheikh @ Rakib Sheikh vs The State Of Jharkhand
2021 Latest Caselaw 821 Jhar

                 Criminal Appeal (SJ) No. 1012 of 2006
                           ---

(Against the judgment of conviction and order of sentence dated 04.07.2006 passed by Sri Binay Kumar Sahay, Additional Sessions Judge-I, Rajmahal in Sessions Case No. 48/1998 & Sessions Trial No.06/2005.)

---

1. Raquib Sheikh @ Rakib Sheikh

2. Mojib Sheikh

3. Firoz Sheikh

4. Fulkun Sheikh

5. Samsujoha Sheikh @ Md. Samsujoha ... Appellants

Versus The State of Jharkhand ... Respondent

---

For the Appellants :Mr. Rajeeva Sharma, Sr. Adv.

Ms. Rita Kumari, Adv.

For the State :Ms. Nehala Sharmin, A.P. P.

---

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

---

PRESENT HON'BLE MR. JUSTICE RAJESH KUMAR

---

Heard Mr. Rajeeva Sharma, learned senior counsel for the appellants assisted by Ms. Rita Kumari and Ms. Nehala Sharmin, learned A.P.P., appearing on behalf of the State.

This appeal is directed against the judgment of conviction and order of sentence dated 04.07.2006 passed by Sri Binay Kumar Sahay, Additional Sessions Judge-I, Rajmahal in Sessions Case No. 48/1998 and Sessions Trial No.06/2005 whereby and whereunder the appellants have been convicted under Sections 148, 341/ 149 of the Indian Penal Code and Section 324/ 149 of the Indian Penal Code. They are sentenced to undergo R.I. for two years for the offence under Sections 148 and 324/149 of the IPC and further sentenced to undergo S.I. for one month for the offence under Section 341 of the IPC. All the sentences were directed to run concurrently.

The appellants and informant parties are relative and there was land dispute between the parties which has laid this incident and accordingly, the F.I.R. has been lodged on 03.01.1995 being Ranga P.S. Case No.02 of 1995 Altogether 9 P.Ws. and 3 D.Ws. have been examined. The injury report has been brought on record. Learned counsel for the appellants has submitted that he is confining his appeal to the sentencing part only. It has been argued that it is a dispute between the relatives over a piece of land. The injury sustained is simple in nature and the incident is of the year 1995 and the parties are now living a peaceful life.

Learned counsel for the State has not opposed the prayer. Considering the material available on record, nature of dispute between the parties, relationship of the parties and the period of litigation, this Court finds that it will be in the interest of justice, if the sentence is converted into fine instead of imprisonment. Accordingly, the judgment of conviction and order of sentence dated 04.07.2006 is hereby, modified to the extent that each appellant will deposit a fine of Rs.2,000/- in the court below within two months from the date of receipt/ production of a copy of this order and the same shall be released in favour of the injured informant after due identification.

With above modification, the present appeal stands disposed of.

(Rajesh Kumar, J) Jharkhand High Court at Ranchi The 19th February, 2021 Shahid/N.A.F.R./