Jharkhand High Court
Amosh Kindo vs The State Of Jharkhand on 22 March, 2023
1 Cr. Revision No.704 of 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No.704 of 2022
Amosh Kindo ..... Petitioner
Versus
The State of Jharkhand .... Opp. Party
CORAM: HON'BLE MR. JUSTICE NAVNEET KUMAR
For the petitioner : Mr. Anil Kumar Ganjhu, Advocate
Mr. Priyanka Kumari, Advocate
For the State : Mr. Arup Kr. Dey, APP
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5/22.03.2023 Heard learned counsel appearing on behalf of the petitioner and
learned APP appearing on behalf of the State.
This criminal revision application is directed for setting-aside the
Judgment and order dated 25.02.2022 passed by learned Sessions Judge,
Gumla in criminal appeal No. 24 of 2021, by which the criminal appeal
was dismissed affirming the judgement of conviction and order of
sentence dated 10.09.2021 passed by the court of learned SDJM, Gumla,
in connection with Ghaghra P.S. Case No. 21 of 2020, corresponding to
G.R. case No. 457 of 2020, whereby and whereunder the petitioner was
convicted for the offence punishable under section 394 of IPC and he was
sentenced to undergo R.I. for a term of 3 years and fine of ₹5000/- was
also imposed and in default of payment of fine, further S.I. for 2 months.
It is submitted on behalf of the petitioner that Amosh Kindo was
charged for the offence punishable under section 394 of IPC and after
trial, the impugned judgement of conviction and order of sentence has
been passed and now over a period of time, this petitioner has already
remained in jail for about 3 years, i.e. 2 years 9 months and 20 days and
as such the maximum punishment awarded by the learned court below,
i.e. 3 years have almost been served by the petitioner and further a sum
of ₹5000/- has already been awarded by the learned court below for the
offence punishable under section 394 of IPC, for which the petitioner is
ready to deposit the amount. It has further been submitted that in view
of these facts, the petitioner does not want to argue this case on merit and
he is confining his argument only on the point of sentence with a prayer
that let the order of sentence be altered by imposing the sentence of
imprisonment for the period already undergone and in view of the fact
that he is ready to deposit the fine amount, which has been awarded by
the learned court below in this case.
On the other hand, learned counsel appearing on behalf of the
State submitted that pursuant to the direction of this court, the counter
affidavit has been filed on behalf of the State submitting therein that this
petitioner has remained in jail in this case arising out of Ghaghra P.S.
Case No. 21 or 2021, corresponding to G.R. No. 457 of 2020, in connection
with criminal appeal No. 24 of 2021 and he has remained in jail for about
2 years 9 months and 20 days and certificate to that effect has been given
by the Birsa Munda Central Jail, Hotwar, Ranchi, which is annexure-1 to
the counter affidavit filed on behalf of the State. In this view of the
matter, it is submitted on behalf of the State that since the petitioner does
not want to argue this case on merit and therefore let this case be
dismissed by confirming the judgement of conviction. Further it has been
submitted that so far as the sentence is concerned, let a suitable order be
passed in view of the fact that a substantive part of sentence of
imprisonment has already been served by the petitioner, while the
maximum sentence imposed by the learned court below was 3 years in
this case.
Having heard the parties, perused the record of this case.
It is found from the record that this petitioner was charged for the
offence under sections 394 and 411 of IPC and after the trial of the case,
the petitioner was found guilty for the offence punishable under section
394 of IPC only and acquitted for the offence punishable under section
411 of IPC. It has further been found that after holding the conviction of
the petitioner under section 394 of IPC, he was sentenced for a term of 3
years and fine of ₹5000/- and in default of payment of fine he was
further directed to undergo S.I. for 2 months. In view of the submission
advanced on behalf of the petitioner that he does not want to argue this
case on merit and therefore this Court upholds the conviction of the
petitioner for the offence punishable under section 394 of IPC in this case
against the appellant.
So far as the sentence is concerned, it is found evident from the
counter affidavit filed on behalf of State that this petitioner has remained
in jail in this case for about 2 years 9 months and 20 days, i.e. almost the
entire sentence of imprisonment has already been served by the
petitioner. Further it is found that the petitioner is young man and
therefore in the interest of justice, one opportunity is given to him to
come into the mainstream of the society and in view of these mitigating
factors, a lenient view is taken and as such, the order of sentence
awarded by the learned court below is altered and this Court finds it just
and proper that purpose of justice would be served if the petitioner is
awarded to a sentence of imprisonment for a period undergone by him.
Accordingly the order of sentence passed by the learned court
below in this case is set-aside and this petitioner is awarded the sentence
of imprisonment for a period already undergone by him in this case.
Further it is found that the fine, as has been imposed in this case by
the learned court below, i.e. ₹5000/- to which the petitioner is ready to
make the deposit. Accordingly, this court confirms the fine of ₹5000/- to
be deposited by the petitioner.
In view of the aforesaid modification in the order of sentence, the
court below is directed to release the petitioner immediately in this case
after deposit of the fine amount, which has been awarded by the learned
court below, i.e. a sum of ₹5000/- The petitioner is directed he may
deposit the fine amount of ₹5000/- (Five thousand only) in the
government exchequer through the Nazarat, Civil Court, Gumla.
Accordingly, this criminal revision is dismissed with notification in
order of sentence as above and the I.A. No. 2324 of 2023 also gets
disposed of accordingly.
(Navneet Kumar, J.)
R.Kumar
