Sukra Dehri vs The State Of Jharkhand
2024 Latest Caselaw 3422 Jhar

Jharkhand High Court

Sukra Dehri vs The State Of Jharkhand on 21 March, 2024

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

                                Cr. Appeal (S.J.) No.867 of 2012

           [Against the judgment of conviction dated 11.07.2012 and order of sentence dated
           13.07.2012 passed by learned Principal Sessions Judge, Pakur in Sessions Trial
           No.17 of 2008]

           1. Sukra Dehri
           2. Budhan Dehri
           3. Paltu Dehri                            ....      ....   ....     Appellants
                                       Versus
           The State of Jharkhand                    ....      ....   ....   Respondent


           For the Appellants : Mr. Kanti Kumar Ojha, Advocate
           For the State      : A.P.P.
                                      -----

PRESENT HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

By Court 1. Judgment of conviction under Section 323/34 of the Indian Penal Code and sentence of rigorous imprisonment for six months with a fine of Rupees Seven hundred each, is under challenge in the instant criminal appeal.

2. Learned counsel on behalf of appellants confines his argument to the sentence imposed. It is argued that there is no past conviction against any of the appellant and the incidence took place on the spur of moment, in which minor scuffle took place, and therefore, they are entitled to the benefits of the Probation of Offenders Act.

3. Learned A.P.P. has defended the sentence.

4. Considering the facts and circumstance of the case, appellants are directed to be released on admonition under Section 3 of the Probation of Offenders Act.

Appeal is dismissed with modification of sentence.

(Gautam Kumar Choudhary, J.) Jharkhand High Court, Ranchi Dated, 21st March, 2024 NAFR/Anit