Sanjay Singh vs The State Of Jharkhand
2024 Latest Caselaw 1240 Jhar

Jharkhand High Court

Sanjay Singh vs The State Of Jharkhand on 7 February, 2024

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

                                      1

IN THE HIGH COURT OF JHARKHAND AT RANCHI
        Criminal Appeal (S.J.) No. 776 of 2012

[Against the judgment of conviction dated 19.06.2012 and order of sentence dated
26.06.2012 passed by learned District & Additional Sessions Judge-I Garhwa in
Sessions Trial No.266 of 2008]

Sanjay Singh                              ....    ....   ....    Appellant
                            --Versus--
The State of Jharkhand                     ....     ....     ....   Respondent

For the Appellants : Mr. Jitendra S. Singh, Advocate
                     Mr. Randhir Kumar, Advocate
For the State      : Ms. Priya Shrestha, Special P.P.
                           -----

PRESENT : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

1. Instant appeal is directed against the judgment of conviction and sentence passed in learned District & Additional Sessions Judge-I Garhwa in Sessions Trial No.266 of 2008 arising out of G.R. No.697 of 2008 whereby and whereunder the appellant has been convicted and sentenced under Section 366 of the Indian Penal Code, is under challenge in the instant appeal.

2. Without entering into the merit of the conviction of the appellant, the learned counsel confines his argument to the sentence imposed. It is submitted that the appellant was 19 years old at the time of conviction on 19th June, 2012 and was sentenced to undergo R.I. for six years and fine of Rs.2000/-. He was taken into custody on 20th June, 2008 and has already served the sentence of imprisonment for four years.

3. On the point of sentence, it is submitted by the learned Special P.P. that the informant had been threatened by the family members to enter into a compromise in the case. An information regarding this, was given on 08.06.2009 to the Officer-in-Charge, Ramanujganj Police Station. Another letter was sent to Superintendent of Police, Balrampur, Sarguja, Chhattisgarh. Photocopy of which is available on record. In this view of the matter, the appellant does not deserve any clemency on the point of sentence.

4. In reply, it is submitted that the allegation of threat is not against the appellant, but against others and there is no evidence in this regard that any case was registered or proceeding initiated against the persons who had allegedly threatened the informant.

5. I find force in the argument advance of the appellant that there is no evidence to substantiate the allegation of threat being extended to the informant or any of the witnesses in the case. Altogether nine witnesses have been examined and out of them, only one witness has been declared hostile. Therefore, the allegation of threat to the informant does not inspire confidence. Considering the

age of the appellant at the time of conviction and overall facts and circumstance of the case, the period already undergone will serve the ends of justice.

Under the circumstance, the appeal is dismissed with modification in sentence to the extent that the period already undergone for four years two months instead of six years will serve the ends of justice. The appellant is on bail and he shall be discharged from his liability of bail bond.

(Gautam Kumar Choudhary, J.) Jharkhand High Court, Ranchi Dated, 7th February, 2024 NAFR/Anit