Orissa High Court
Mohammad Yusuf Khan & vs State Of Orissa on 20 May, 2024
Author: D.Dash
Bench: D.Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.156 of 2003
In the matter of an Appeal under Section 374 of the Code of
Criminal Procedure, 1973 and from the judgment of
conviction and order of sentence dated 09.06.2003 passed by
the learned Additional District and Sessions Judge, Nuapada
in Sessions Case No.70/23 of 2001, arising out of G.R. Case
No.202 of 2000.
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Mohammad Yusuf Khan & .... Appellants
others
-versus-
State of Orissa .... Respondent
Appeared in this case by Hybrid Arrangement (Virtual/Physical Mode):
For Appellants - Mr. S. K. Joshi,
Advocate
For Respondent - Mr. S. K. Nayak,
Addl. Government Advocate
CORAM
MR. JUSTICE D.DASH
Date of Hearing : 17.05.2024 : Date of Judgment : 20.05.2024 D.Dash,J. The Appellants, by filing this Appeal, have assailed the judgment of conviction and order of sentence dated 09.06.2003 passed by the learned Additional District and Page 1 of 5 CRA No.156 of 2003 Sessions Judge, Nuapada in Sessions Case No.70/23 of 2001, arising out of G.R. Case No.202 of 2000.
The Appellants (accused persons) have been convicted for the commission of offences punishable under sections 147/148/341/294/307/149 of the Indian Penal Code, 1860 (for short, 'the IPC') and each of them has been sentenced to undergo simple imprisonment for a period of six months for the offence under Section 148 of the IPC, fifteen days for the offence under Section 341 of the IPC and six months for the offence under Section 323 of the IPC with the stipulation that those would run concurrently.
2. The prosecution case is that on 29.9.2000 morning, when Sunil Kumar Tiwari (P.W.1) was going to Raipur in Push Pull train, he found the accused persons playing staker game in the compartment. That was protested by PW 1. So, on the way, the accused persons got down from the train and when around 5 PM, PW 1 was returning from Raipur through Link Express and was proceeding towards his house near the Post Office crossing at Khariar Road, the accused persons armed with iron rod and tangia arrived, wrongfully restrained PW 1 and abused him in vulgar words. It is stated that accused persons tried to assault P.W.1 by iron rod which was warded Page 2 of 5 CRLA No.156 of 2003 of by PW 1 and therefore the iron rod hit on his right-side cheek. A written report to the above effect being lodged at Nuapada Police Station, the same led to the registration of the case and the investigation commenced.
3. On completion of investigation, the Final Form was submitted placing the accused persons to face their trial for commission of offences under sections 147/148/341/294/ 307/149 of the IPC. The accused persons having been charged for the above offences; have been convicted for the offences as already stated and sentenced as above noted.
4. Learned Counsel at the beginning instead of attacking the conviction of the accused persons for the offences as has been recorded by the trial Court on merit submitted that the incident having happened during the mid of the year 2003 and the meantime about 21 years since have passed when the accused persons have in the meantime grown up by that age as they have already remained in custody at the initial stage of some days, and are now maintaining their family by earning their livelihood by doing petty business, further sufferance of the sentence of imprisonment for them at this juncture could be against the interest of justice. According to him, now not Page 3 of 5 CRLA No.156 of 2003 only that these ten accused persons but also their family members would suffer like anything. He thus submitted that the order of sentence needs appropriate modification.
5. Learned counsel for the State submitted that the sentence imposed by the Trial Court commensurate the offences.
6. Considering the submissions made, the record being perused, it is seen that ten convicts have preferred this Appeal having been convicted by the trial Court following by the imposition of the maximum sentence of simple imprisonment for a period of six months. More than two decades have in the meantime passed from the time of the incident and nothing is stated that the accused persons had any criminal antecedent or that they have indulged themselves in any criminal activities during all these periods. It also reveals that they have remined in custody for some period at the initial stage when also all the accused persons hail from rural background and earn their living by doing petty business as submitted.
7. Taking all these factors into account; this court is of the considered view that while maintaining the conviction of the accused persons for the offences as noted above if they are Page 4 of 5 CRLA No.156 of 2003 sentenced to the period already undergone, the same would serve the interest of justice and serve it ends.
8. In the result, the Appeal is allowed in part with the modification of the sentence to the extent as indicated above. The conviction of the Appellants for the offences as above noted being confirmed; they are hereby sentenced to the imprisonment for the period already undergone.
(D. Dash), Judge.
Signature Not Verified Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Date: 23-May-2024 13:32:52 Page 5 of 5 CRLA No.156 of 2003