Ghana Ram And Anr. vs State Of Chhattisgarh

Ramesh Sinha, J

This criminal revision is directed against the judgment dated 11.07.2014 passed by the First Additional Sessions Judge, Raigarh (C.G.) in Criminal Appeal No. 13/2013, whereby the appellate Court has affirmed the conviction and sentence of the applicants under Section 10 of Chhattisgarh Krishik Pashu Parirakshan Adhiniyam, 2004, but has set-aside the conviction and sentence of the applicants under Section 4 and 6 of Chhattisgarh Krishik Pashu Parirakshan Adhiniyam, 2004 awarded vide order dated 18.01.2013 passed by Judicial Magistrate First Class, Raigarh in Criminal Case No.838 of 2012.

The prosecution case, in brief, is that on 07.08.2012 one Muknu had informed the complainant namely, Shyam Singh Soni about transporting 118 cattle by two persons going towards Odisha suspecting of slaughter of cattle on which the complainant lodged Dehati Nalishi and First Information Report had recorded on the basis of Dehati Nalishi at 9:30 p.m. against two persons, namely, Dhanaram and Bodhiram at 4:05 p.m. The concerned police had investigated the matter and charge-sheet has been filed. Thereafter, the learned trial Court framed charges for alleged offences which have been denied by them. On 18.01.2013 the learned trial Court has convicted the applicant alongwith two other co-accused persons for the alleged offences after taking evidence. Thereafter, the applicant preferred an appeal before the appellate Court, whereby the appellate Court has confirmed the conviction and sentence of the applicant under Section 10 of Chhattisgarh Krishik Pashu Parirakshan Adhiniyam, 2004 by setting aside the conviction and sentence fo the applicant for the offence under Sections 4 and 6 of Chhattisgarh Krishik Pashu Parirakshan Adhiniyam, 2004 as awarded by the trial Court, being aggrieved by the same the applicant has preferred the criminal revision before this Court, hence this revision petition.

Learned counsel for the applicants submits that the term of maximum sentence awarded to the applicants are 03-03 years and the applicants have already suffered 02-02 months of jail sentence and have already deposited the fine amount imposed upon them. She further submits that considering age of the applicants at present and as they have faced criminal trial since 2012 to 2013 and thereafter more than 11 years have been elapsed, the sentence already undergone by them may be suffice to meet the ends of justice.

Learned State counsel submits that both the Courts below have rightly convicted and sentenced the applicants, in which no interference is called for.

I have heard learned counsel for the parties, considered their rival submissions made hereinabove and also went through the records with utmost circumspection.

From perusal of the records, it transpires that the appellate Court, after considering the material available on record and evidence of the prosecution witnesses, has convicted the applicants for offence under Section 4, 6 & 10 of Chhattisgarh Krishik Pashu Parirakshan Adhiniyam, 2004 and sentenced to undergo RI for 03-03 years and fine of Rs.500 - 500/-, in default of payment of fine to further undergo SI for 01-01 month. In an appeal preferred by the applicants, the appellate Court has set-aside the conviction and sentence of the applicants for the offence under Sections 4 and 6 of Chhattisgarh Krishik Pashu Parirakshan Adhiniyam, 2004 and has affirmed the conviction and of the applicants under Section 10 of Chhattisgarh Krishik Pashu Parirakshan Adhiniyam, 2004 and sentenced to under go RI for 03-03 years and fine of Rs.500 - 500/-, in default of payment of fine to further undergo SI for 01-01 month to the applicants.

Considering the findings given by the trial Court as well as the appellate Court, I am of the view that the appellate Court has not committed any illegality or infirmity in modifying the conviction and sentence of the applicants for offence under Section 10 of Chhattisgarh Krishik Pashu Parirakshan Adhiniyam, 2004.

Now considering the question of sentence. As the applicants have faced criminal trial since 2012 till 2013 and thereafter more than 11 years have been elapsed, considering the age of the applicants at present and further considering the fact that the term of maximum sentence awarded to the applicants are 03-03 years and the applicants have already suffered 02-02 months of jail sentence and have already deposited the fine amount imposed upon them, there would be no useful purpose to send the applicants again in jail as they have already suffered undergone sentence and also agony of criminal trial for so many years, that meets the ends of justice. So this Court finds it appropriate to reduce the sentence from RI for 03-03 years under Section 10 of Chhattisgarh Krishik Pashu Parirakshan Adhiniyam, 2004 to the period already undergone by the applicants i.e. 02-02 months of jail sentence. Ordered accordingly.

The criminal revision is partly allowed to the extent indicated herein-above.

Let a copy of this order and the original records be transmitted to the trial court concerned forthwith for necessary information and compliance.