Jharkhand High Court
Santosh Kumar Mishra @ Santosh Mishra vs The State Of Jharkhand on 23 October, 2024
Author: Rajesh Kumar
Bench: Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 769 of 2024
....
Santosh Kumar Mishra @ Santosh Mishra, aged about 41 years, Son of
Kameshwar Mishra, resident of Purani Mandi, Golpar, P.S. and P.O.-
Ramgarh, District-Ramgarh/ Jharkhand .... Petitioner
Versus
1. The State of Jharkhand
2. Sudha Devi, wife of Ashok Rawani, R/o-Purani Mandap, Golpar,
P.O. & P.S.-Ramgarh, District-Ramgarh .... Opp. Parties
....
CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. B.M.Tripathi, Sr. Adv.
For the State : Mr. S.K.Sinha, APP.
For the O.P. No.2 : Mr. Pratik Sen, Adv.
....
05/23.10.2024
1. Heard learned counsel for the parties.
2. The instant criminal revision has been filed for setting aside the judgment
dated 01.06.2024 passed in Criminal Appeal No.11 of 2024 by the learned
Principal District and Sessions Judge, Ramgarh and for setting aside the judgment
of conviction and sentence dated 29.04.2024 passed by the learned C.J.M.,
Ramgarh in G.R. No.1267 of 2016 arising out of Ramgarh P.S. Case No.379 of
2016 whereby the petitioner has been sentenced to undergo R.I. for six years with
fine for the offence under Section 325 of IPC.
3. It appears that a criminal case has been put into motion after lodging an
F.I.R. being Ramgarh P.S. Case No.379 of 2016 corresponding to G.R. Case
No.1267 of 2016. The case has been registered under Sections 323/ 337/ 338/34 of
IPC. Police after investigation has submitted the charge sheet and accordingly
charge has been framed under Sections 341/ 323/ 326/ 337/ 338/34 of IPC.
4. For proving the prosecution case, altogether 10 witnesses have been
examined and the details are as follows:-
PW-1 Sudha Devi, the informant of this case.
PW-2 Rani Kumari, she is the daughter of the informant.
PW-3 Arun Kumar, neighbor of the informant.
PW-4 Ashok Rawani, father of the victim and husband of the informant.
PW-5 Savitri Devi, neighbor of the informant.
PW-6 Sumit Kumar, son of the informant,
PW-7 Santosh Kumar Gupta, the Investigating Officer of this case
PW-8 Dr. Nisat Ahmed, the Medical Officer
PW-9 Jawed @ Akram Khan, an independent witness
PW-10 Abu Ahmed Siddique, a charge sheet witness
Some exhibits are also there.
5. It has been submitted by the learned senior counsel for the petitioner that
conviction has been made under Section 325 of IPC which is erroneous in the
absence of finding of the aggressor party. It was a sudden scuffle between the
parties and no any deadly weapon has been used rather bricks has been used and
the entire family members have been roped in this case.
6. From perusal of the records, it appears that the contention of the learned
senior counsel for the petitioner is right. There is no finding recorded by the court
below regarding the aggressor party.
7. Considering the fact that it was merely a scuffle between two family
members and no deadly weapon has been used, as such the conviction made under
Section 325 of IPC is not sustainable. Accordingly, it is, hereby, converted to
Section 338 of IPC.
8. The petitioner has already remained in custody for about one month.
Thus, the sentencing part is reduced to the period already undergone by the
petitioner i.e one month.
9. He was already on bail as such the petitioner is discharge from the
liability of the bail bond.
10. It has been fairly submitted by the learned senior counsel for the
petitioner that since the injury has been sustained by the victim and as such he
requires compensation. Accordingly, willingness has been shown to pay
Rs.2,00,000/- apart from Rs.1,00,000/- which has already been deposited as victim
compensation.
11. The fair contention of the learned senior counsel for the petitioner is
accepted. The revisionist is directed to pay Rs.2,00,000/- in the court below within
six weeks from today and the amount shall be released in favour of the victim.
12. Accordingly, the present criminal revision stands disposed of.
(Rajesh Kumar, J.)
Shahid/
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