Sukhdev Ram vs State Of Chhattisgarh

This criminal revision is directed against the impugned judgment dated 25-4-2011 passed by the 1st Additional Sessions Judge, Manendragarh at Baikunthpur, Distt. Koriya in Criminal Appeal No.63/2011 by which the learned Additional Sessions Judge has confirmed the judgment dated 28-3-2011 passed by the Chief Judicial Magistrate, Baikunthpur in Criminal Case No.8/2011 convicting the applicant herein for the offences punishable under Sections 467, 468, 472, 473 & 417 of the IPC and also confirmed the sentences awarded.

Pursuant to the bailable warrant issued against the applicant, the applicant is present in the Court.

Mr. Alok Dewangan, learned counsel appearing for the applicant, submits that both the Courts below have committed grave legal error in convicting the applicant for the aforesaid offences and further erred in sentencing him and further sentenced the applicant. The applicant was arrested on 14-6-2008 and he was ultimately granted bail by this Court on 14-10-2011, as such, he has suffered 3 years 4 months of sentence, therefore, the revision be disposed of by sentencing him to the period already undergone by him.

On the other hand, Mr. Afroz Khan, learned State counsel, supports the impugned judgments and submits that the revision deserves to be dismissed.

I have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the record with utmost circumspection.

Case of the prosecution, in brief, is that the applicant forged a letter of the District & Sessions Judge, Baikunthpur and issued to the complainant in the name of Sonmati for the post of Peon bearing seal of the District Court and he has also gave forged appointment orders to Lallaram, Rajmohan, Shivnarayan Kurre, Kaleshwari, Purnima and Premsagar. After due investigation, he was charge-sheeted for the aforesaid offences and he was convicted by the impugned judgment holding that he is author of the crime and obtained Rs. 26,000/- by giving forged appointment letters. In appeal, the judgment of conviction and order of sentence was confirmed.

After going through the record and after hearing learned counsel for the parties, I am of the considered opinion that both the courts below have rightly convicted the applicant for the aforesaid offences which is neither persevere nor contrary to the record and I hereby affirm that finding.

Now, the question of sentence comes in.

The applicant has been sentenced to undergo RI for five years & pay a fine of Rs. 1,000/- under Section 467 of the IPC; RI for two years & pay a fine of Rs. 500/- on each count under Sections 468, 472 & 473 of the IPC; and RI for 3 months (seven times) under Section 417 of the IPC for cheating Sonmati, Rajmohan, Kaleshwari, Premsagar, Shivnarayan, Lallaram & Purnima. All the sentences were directed to run concurrently. The applicant remained in jail from 14-6-2008 till the suspension of sentences and grant of bail by this Court on 14-11-2011. As such, he remained in jail for more than three years and the maximum sentence awarded to him is five years RI. In the considered opinion of this Court, ends of justice would serve if the period already undergone by him i.e. 3 years 4 months is awarded to him. In the meanwhile, he has suffered a great agony and at the time of offence, he was aged about 43 years.

Considering the facts and circumstances of the case and the material available on record, the applicant is hereby sentenced to the period already undergone by him. In that view of the matter, the criminal revision is partly allowed to the extent indicated herein-above.