Lokeshwar Mahto And Others vs State Of Jharkhand And Others

Rajesh Kumar, J

The present revision application has been filed against the judgment dated 26.08.2019, passed by the court of learned Additional Sessions Judge - II, Special Fast Track Court, (C.A.W), Bermo at Tenughat in Criminal Appeal No.02 of 2015, whereby the judgment of acquittal dated 22.11.2014, passed by the court of learned Judicial Magistrate, 1st Class, Bermo at Tenughat in G.R. Case No.893 of 1995, arising out of Kasmar P.S. Case No.51 of 1995, has been set aside and the petitioners have been convicted for the offence under Section 147, 148, 323/ 149 and 324/ 149 of the I.P.C and sentenced to undergo rigorous imprisonment for six months on each count with fine of Rs.1,000/- each, Rs.1,500/- each, Rs.500/- each and Rs.3,000/- each, respectively, with the default clause.

It has been submitted by the learned counsel for the revisionists that the revisionists have been acquitted by the trial court but, have been convicted by the appellate court. The incident is of dated 05.11.1995 and the petitioners have faced the litigation for 25 years. It has further been submitted by the learned counsel for the revisionists that he is not challenging the order of conviction rather the prayer has been made for reduction of the sentencing part of the impugned order.

Mr. Ashok Kumar, learned A.P.P has no objection.

Having heard learned counsel for the parties and on perusal of the materials available on record, it appears that both the parties are of the same village and they are gotias. It was a usual dispute which has resulted in scuffle and injury, but at present both the parties are residing peacefully.

Considering the nature of accusation, period of litigation, the relationship between the parties, and in the interest of justice, the period of sentence, as imposed by the appellate court below, should be reduced to the period already undergone by the petitioners (i.e., almost four months).

Accordingly, the order of sentence/ judgment dated 26.08.2019, passed by the court of learned Additional Sessions Judge - II, Special Fast Track Court, (C.A.W), Bermo at Tenughat in Criminal Appeal No.02 of 2015, is modified to the extent that it is reduced to the period already undergone by the petitioners. However, the fine amount, as imposed by the appellate court below, is upheld.

The court below shall issue the release order on payment of the fine amount, as imposed by the appellate court below.

Thus, the revision is partly allowed with the modification of the sentence, as indicted above.

I.A. No.5035 of 2021 stands disposed of.