Chandra Mohan Singh and Others vs State of Uttaranchal

Servesh Kumar Gupta, J.—The Criminal revision has been directed against judgment and order dated May 17, 2003 passed by Sessions Judge, Uttarakashi wherein the criminal appeal No. 38 of 1999 was dismissed. This appeal was preferred against judgment and order dated 15.10.1999 which was passed in Criminal Case State v. Chandra Mohan Singh and two others, pertaining to the case crime No. 1/1995 which was registered at Patwari outpost Sunargaon, Dunda, Uttarkashi for the offence under Sections 452, 332/34, 353/34, 504, 506(2) Indian Penal Code read with 7 Criminal Law Amendment Act.

The occurrence is of dated 24.08.1994 when Jagendra Singh Chauhan, Patwari of the circle was busy with the official work at his outpost. The accused persons Chandra Mohan Singh, Kishan Singh and Balbir Singh from surrounding village came there and committed the incident with Patwari Jagendra Singh Chauhan. The chargesheet was submitted against accused persons. After trial, the Magistrate convicted them for the offence u/s 452 Indian Penal Code, passed the sentence of six months rigorous imprisonment and fine of Rs. 500/- upon each. They were also convicted u/s 332/34 Indian Penal Code with a sentence of six months rigorous imprisonment and fine of Rs. 500/- upon each. Both the sentences of imprisonment were ordered to run concurrently.

Learned Counsel for the revisionist did not press the revision on merits but he requests to this Court for conversion of the sentence of imprisonment to that of fine.

Taking the oldness of occurrence, which is almost 17 years old and of the remote hills, I think, end of the justice will sufficiently be met, if these villagers are spared from sending to gaol again. It is pertinent to mention that after failing their appeal, they have passed 10 days in the incarceration from 17.05.2003 to 25.05.2003. Taking into consideration this fact also, the sentence of imprisonment is done away with and reduced to the extent of the period abovementioned, which they have already undergone. Sentence of fine is enhanced from Rs. 500/- to Rs. 2500/- upon each of the revisionist. If they do not deposit the fine within one month from date of receipt of the order in the judgeship Uttarkashi, then they will undergo simple imprisonment for two months. The revision is partly allowed.

Let the lower court record be sent back forthwith for compliance.