Surendra Thakur vs The State Of Jharkhand
2023 Latest Caselaw 2951 Jhar

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    Cr. Revision No. 422 of 2016

       1. Surendra Thakur
       2. Awadhesh Kumar Thakur
       3. Yogesh Kumar Thakur
       4. Munna Pandit
       5. Dilip Pandit                                 ... Petitioners
                              - Versus -
      The State of Jharkhand                            ... ... Opp. Party
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CORAM: - HON'BLE MR. JUSTICE AMBUJ NATH

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        For Petitioners             : Ms. Kehkashan Afsheen, Advocate
                                    : Mr. Pran Pranay, Advocate
        For the Opp. Party          : Mr. S. D. Munda, A.P.P.
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06/17.08.2023
            Head the parties.

The petitioners have filed this criminal revision application against the judgment of conviction and order of sentence dated 30.01.2016, passed by Sri Ajit Kumar, learned Additional Sessions Judge-IV, Deoghar in Criminal Appeal No.06 of 2015, whereby and wherein the learned Additional Sessions Judge-IV, Deoghar, partly allowed the appeal of the petitioners by upholding the judgment of conviction of the petitioners under Sections 143 and 323 of the Indian Penal Code, the Appellate Court acquitted the petitioners of the charge under Section 427 of the Indian Penal Code. The Appellate Court further modified the order of sentence dated 13.01.2015, passed by Sri Rajesh Sharan Singh, learned Chief Judicial Magistrate, Deoghar, in connection with G.R. Case No.897 of 2010 arising out of Deoghar P.S. Case No.335 of 2010, holding the petitioners guilty of offences under Sections 143, 323 and 427 of the Indian Penal Code and thereby sentencing them to undergo imprisonment for three months for the offence under Section 143 of the Indian Penal Code and imprisonment for six months for offence under Section 323 of the Indian Penal Code and they were further sentence to undergo R.I. for one year for the offence under Section 427 of the Indian Penal Code. They were also directed to individually pay fine of Rs.200/- for each of the offences, in default of payment of fine, they were further directed to undergo S.I. for fifteen days. All the sentences were ordered to run concurrently.

The learned Appellate Court modified the sentence of the petitioners Awadhesh Kumar Thakur, Yogesh Kumar Thakur, Munna Pandit and Dilip Pandit by setting aside the sentence passed by the learned trial court under

Sections 143 and 323 of the Indian Penal Code and directed them to pay fine of Rs.5,000/- for each of the offences under Sections 143 and 323 of the Indian Penal Code. In default of payment of fine, the petitioners were directed to undergo simple imprisonment for three months for each of the aforesaid offences. The sentence of petitioner No.1 Surendra Thakur under Sections 143 and 323 of the Indian Penal Code was affirmed.

Ms. Kehkashan Afsheen learned counsel appearing on behalf of the petitioners submitted that she will not press the revision application of petitioners Awadhesh Kumar Thakur, Yogesh Kumar Thakur, Munna Pandit and Dilip Pandit as they have already paid the fine and they have served the sentence as directed by the Appellate Court. She further submitted that she will confine the prayer as far as the petitioner Surendra Thakur is concerned only on the point of question of sentence.

From the perusal on the record, it appears that both the learned Trial Court as well as the learned Appellate Court have come to a concurrent finding regarding the guilt of the petitioner Surendra Thakur for offence under Sections 143 and 323 of the Indian Penal Code. There is nothing on the record to show that the petitioner Surendra Thakur has earlier been convicted in any other criminal case.

Offence under Section 143 of the Indian Penal Code is punishable for a maximum period of six months while offence under Section 323 of the Indian Penal Code is punishable for a maximum period of one year. Both the offences under Sections 143 and 323 of the Indian Penal Code is covered by the provision of Section 3 of the Probation of Offenders Act,1958.

From the aforesaid facts, taking the entire gamut of this case, the sentence passed by the learned Appellate Court directing the petitioner to undergo S.I. for three months for the offence under Section 143 of the Indian Penal Code and S.I for six months for the offence under Section 323 of the Indian Penal Code is set aside. The petitioner Surendra Thakur shall be released after due admonition.

This Criminal Revision Application is partly allowed. Pending I.A., if any, stands disposed of.

(Ambuj Nath, J.) Jay/-