(Against The Judgment Of ... vs The State Of Jharkhand
2023 Latest Caselaw 2777 Jhar

                                                1



IN THE HIGH COURT OF JHARKHAND AT RANCHI
             Cr. Appeal (SJ) No. 2060 of 2004
   (Against the judgment of conviction and order of sentence dated
   09.12.2004, passed by the learned Additional District and Sessions
   Judge, Fast Track Court No.-V, Dhanbad, in Sessions Trial No. 311 of
   2003.)
                            ---------

        Rajan Singh                                   ..... Appellant
                              Versus
        The State of Jharkhand .....                    Respondent
                                        ---------
    CORAM: HON'BLE MR. JUSTICE DEEPAK ROSHAN
                                        ---------
        For the Appellant        : Mr. Subham Mishra, Adv.
        For the State             : Mr. V.S.Sahay, APP
                            ---------

  05/Dated: 10th August, 2023
               Heard learned counsel for the parties.

2. This appeal is directed against the judgment of conviction and order of sentence dated 09.12.2004, passed by the learned Additional District and Sessions Judge, Fast Track Court No.-V, Dhanbad, in Sessions Trial No. 311 of 2003, whereby the appellant was convicted for the offences punishable under section 323 & 353 IPC and sentenced to undergo S.I. for 3 months and S.I. for six months for the offence under sections 323 & 353 IPC, respectively. Both the sentences were directed to run concurrently.

3. The brief fact of the case is that on 31.03.2003, the accused entered into the chamber of Mr. Hazra in presence of other official colleagues. Thereafter, the appellant assaulted Mr. Hazara with the intention to kill. Due to which the victim sustained injuries and was given treatment.

4. Learned counsel for the appellant submits that all the witnesses are colleagues and staff of his office and therefore on that basis they supported the case. He further submits that the injury is simple in nature and whole prosecution story is concocted. He further submits that the appellant is all along in bail and he never misused the priviledge of bail. He lastly submits that the appellant is not a habitual offender, as such he may be given benefit of section 4 of Probation of Offender Act.

5. Learned APP opposed the prayer and submits that the learned trial court has not committed any error in convicting the appellant. However, he fairly submits that as per record, there is no any criminal antecedent of the appellant.

6. Having heard learned counsel for the parties and after going through the impugned judgment and the documents available on LCR, and looking to the comprehensive facts and circumstances of the case and the deposition of the prosecution witnesses who have considerably proved the case of the prosecution and the findings of the learned trial court; this Court is not inclined to interfere with the Judgment of conviction and thus the same is sustained.

7. Now coming to the alternative argument of learned counsel for the appellant that benefit of Section 4 of the Probation of Offenders Act may be granted to the appellant, it appears that the appellant is not habitual offender and there is no criminal antecedent, whatsoever, except the present one. Having regard to the circumstances of this case and the character of the offender, I am of the considered opinion that sending the appellant back to prison will not serve any fruitful purpose and it is expedient to release him on probation.

8. As a result, the appellant is directed to be released under Section 4 of the Probation of Offenders Act. The appellant shall file two sureties to the tune of Rs. 10,000/- coupled with personal bond to the effect that he shall not commit any offence and shall be of good behavior and shall maintain peace during the period of two years. If there is breach of any conditions, he will subject to undergo sentence as directed by the learned trial court. The bonds aforesaid be filed by the appellant within three months from the date of receipt of copy of this judgment.

9. With the aforesaid observations, directions and modification in sentence only, the instant criminal appeal stands disposed of.

10. The appellant shall be discharged from the liability of his bail bond, subject to the aforesaid condition.

11. Let a copy of this order be communicated to the court below and also to the appellant through officer-in-charge of concerned police Station.

12. Let the lower court record be sent to the court concerned forthwith.

(Deepak Roshan, J.) Amardeep/