Jharkhand High Court
Lokeshwar Mahto vs The State Of Jharkhand on 27 October, 2021
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.1441 of 2019
With
I.A. No.5035 of 2021
1. Lokeshwar Mahto
2. Bhisham Mahto ...... Petitioners
Versus
1. The State of Jharkhand
2. Jhagru Mahto ..... Opp. Parties
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Petitioners : Mr. Santosh Kr. Soni, Advocate
For the State : Mr. Ashok Kumar, A.P.P
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The matter was taken up through Video
Conferencing. Learned counsel for the parties had no
objection with it and submitted that the audio and video
qualities are good.
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th
07/Dated: 27 October, 2021
1. The present revision application has been filed against
the judgment dated 26.08.2019, passed by the court of
learned Additional Sessions Judge - II, Special Fast Track
Court, (C.A.W), Bermo at Tenughat in Criminal Appeal No.02
of 2015, whereby the judgment of acquittal dated 22.11.2014,
passed by the court of learned Judicial Magistrate, 1 st Class,
Bermo at Tenughat in G.R. Case No.893 of 1995, arising out
of Kasmar P.S. Case No.51 of 1995, has been set aside and the
petitioners have been convicted for the offence under Section
147, 148, 323/ 149 and 324/ 149 of the I.P.C and sentenced to
undergo rigorous imprisonment for six months on each count
with fine of Rs.1,000/- each, Rs.1,500/- each, Rs.500/- each
and Rs.3,000/- each, respectively, with the default clause.
2. It has been submitted by the learned counsel for the
revisionists that the revisionists have been acquitted by the
trial court but, have been convicted by the appellate court.
The incident is of dated 05.11.1995 and the petitioners have
faced the litigation for 25 years. It has further been submitted
by the learned counsel for the revisionists that he is not
challenging the order of conviction rather the prayer has
been made for reduction of the sentencing part of the
impugned order.
3. Mr. Ashok Kumar, learned A.P.P has no objection.
4. Having heard learned counsel for the parties and on
perusal of the materials available on record, it appears that
both the parties are of the same village and they are gotias. It
was a usual dispute which has resulted in scuffle and injury,
but at present both the parties are residing peacefully.
5. Considering the nature of accusation, period of
litigation, the relationship between the parties, and in the
interest of justice, the period of sentence, as imposed by the
appellate court below, should be reduced to the period
already undergone by the petitioners (i.e., almost four
months).
Accordingly, the order of sentence/ judgment dated
26.08.2019, passed by the court of learned Additional
Sessions Judge - II, Special Fast Track Court, (C.A.W), Bermo
at Tenughat in Criminal Appeal No.02 of 2015, is modified to
the extent that it is reduced to the period already undergone
by the petitioners. However, the fine amount, as imposed by
the appellate court below, is upheld.
6. The court below shall issue the release order on
payment of the fine amount, as imposed by the appellate
court below.
7. Thus, the revision is partly allowed with the
modification of the sentence, as indicted above.
8. I.A. No.5035 of 2021 stands disposed of.
(Rajesh Kumar, J.)
Chandan/-
