Jharkhand High Court
Abdul Wahab vs The State Of Jharkhand on 15 March, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 227 of 2004
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Abdul Wahab ..... Petitioner
Versus
The State of Jharkhand. ..... Opposite Party
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CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
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For the Petitioner : Mr. Abdul Hakim, Advocate
For the State : APP
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03/Dated: 15th March, 2022
Heard learned counsel for the parties.
2. This instant criminal revision application is preferred
by the petitioner for setting aside the order dated
06.01.2004 passed by learned Additional Sessions Judge-1,
Rajmahal in Cr. Appeal No. 96/1989, Cr. Appeal No. 321 of
1993 whereby the judgment of conviction dated 31.03.1989
passed by the learned Judicial Magistrate, 1st Class
Rajmahal in G.R. Case No. 82 of 1983 (T.R.Case No. 165 of
1989), whereby the petitioner was convicted and setnced to
under one year R.I. for offence under Section 379 of the
I.P.C. has been affirmed and the appeal filed by the
petitioner was dismissed.
3. The prosecution case, in brief, is that in the night of
17/18.03.2003 the informant Dho-Dho Murmu of village
Amgachi while was sleeping in house, he heard dog barking
in the mid-night on which he woke up. He flashed his torch
and saw four miscreants committing theft of electric wires.
4. At the outset, Mr. Rajesh Kumar, learned counsel for
the petitioner submits that the petitioner is not habitual
offender. The petitioner has also undergone 243 days
imprisonment and now the petitioner is aged person. As
such, he is confining his prayer only on the question of
sentence as the petitioner is aged person and sending him
back to jail at this stage even for short period will hamper
the entire family; as such the sentence may be modified in
lieu of fine.
5. Learned APP opposes the prayer of the petitioner and
submits that there is concurrent finding and there is no
error in the impugned judgments. As such, the conviction
cannot be set aside, however the sentence may be modified
in lieu of fine
6. After going through the impugned judgments
including the lower court records and keeping in mind the
limited submissions of the learned counsel for the
petitioner and also the scope of the revision jurisdiction, I
am not inclined to interfere with the finding of the courts
below and as such the judgment of conviction passed by
the learned trial court and upheld by the learned appellate
court is, hereby, sustained.
7. However, so far as sentence is concerned, it is
apparent from record that the incident is of the 1983,
and more than 38 years have elapsed and the petitioner
must have suffered the rigors of litigation for the last
38 years. It is not stated that the petitioner has every
misused the privilege of bail. Further, the incident does not
reflect any cruelty on the part of the petitioner or any
mental depravity. Further, the petitioner has also remained
in custody for 243 days.
8. In a situation of this nature, I am of the opinion that
no fruitful purpose would be served by sending the
appellant/convict back to prison; rather interest of justice
would be sufficed if the sentence is modified in lieu of fine.
9. Thus, the sentence passed by the learned trial Court
and upheld by the learned appellate Court is hereby
modified to the extent that the petitioner is sentenced to
undergo for the period already undergone subject to
payment of fine of Rs.2000/-.
10. It is made clear that the petitioner shall pay the
aforesaid fine of Rs.2,000/- within a period of four months
from today before the learned trial court; failing which he
shall serve rest of the sentence as directed by the learned
trial court.
11. With the aforesaid observations, directions and
modification in sentence only, this criminal revision
application is disposed of.
12. The petitioner shall be discharged from the liability of
his bail bonds.
13. Let the copy of this order be communicated to the
courts below as well as through the officer-in-charge of
concerned police station.
14. Let the lower court record be sent to the court
concerned forthwith.
(Deepak Roshan, J.)
Amardeep/
