Himachal Pradesh High Court
Cr. Appeal No. 279/2015 vs Nand Lal And Another on 3 May, 2016
Author: Rajiv Sharma
Bench: Rajiv Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. Appeal No. 279/2015 with
Cr. Appeal No. 298/2015
Reserved on: May 2, 2016
.
Decided on: May 3, 2016
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1. Cr. Appeal No. 279/2015
Rajinder Prashad ...... Appellant
Versus
Nand Lal and another ........Respondents
of
2. Cr. Appeal No. 298/2015
Rajinder Prashad ...... Appellant
Versus
rt
Shyam Asre and another ........Respondents
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Coram:
Hon'ble Mr. Justice Rajiv Sharma, Judge
Whether approved for reporting? 1 yes.
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For the appellant : Mr. Subhash Sharma, Advocate.
For the respondents :
Mr. Parmod Thakur, Additional
Advocate General, for the
respondent-State.
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Per Rajiv Sharma, Judge:
Since both the appeals arise out of one and the same Judgment and common questions of law and facts are involved in these appeals, as such, both the appeals were taken up together for hearing and are being disposed of vide this common judgment.
2. 'Key facts" necessary for the adjudication of these appeals are that the complainant (appellant in both the appeals) was living in a rented accommodation at Pauriyonwala Bazaar 1 Whether the reporters of the local papers may be allowed to see the judgment? .
::: Downloaded on - 15/04/2017 20:15:38 :::HCHP 2and was on his way to Bus Stand Una to board a bus for his place of work. On reaching 'Baba Bedi Petrol Pump', all the accused persons namely Shyam Asre, Shyam Lal, Survind, .
Shamu and Nand Lal in prosecution of their common object caused wrongful restraint to him and started beating him. One of the accused Shyam Lal caused hurt to him in the scalp with a wooden stick meant for affixing of tiles. Other accused Ram Asre of etc. who used to undertake the work of plaster of Paris (POP) and marble were interested to shunt him out of Una. Complainant was rescued by Pawan Kumar and Suresh Kumar. Complainant rt reported the matter to the police. He was medically examined.
FIR was registered against accused under above stated provisions of the Code.
3. Prosecution examined as many as eight witnesses.
Accused were also examined under Section 313 CrPC. They denied all the allegations levelled against them and stated that false case had been registered against them. Learned Judicial Magistrate Second Class convicted all the accused to under rigorous imprisonment for six months with fine of ` 2,000/- each under Section 147 IPC, further to undergo rigorous imprisonment for 6 months with a fine of Rs.2,000/- each under Section 149 IPC, to undergo rigorous imprisonment for three months with a fine of `1,000/- each, under Section 323 IPC and a fine of `500/- each under Section 341 IPC. In case of default to ::: Downloaded on - 15/04/2017 20:15:39 :::HCHP 3 pay fine amount, all the accused have been sentenced to undergo simple imprisonment for one month.
4. Accused persons feeling aggrieved with the Judgment .
dated 16.1.2014 passed by the learned Judicial Magistrate 2nd Class, Court No. IV, Una, preferred an appeal before the learned Additional Sessions Judge (I), Una, District Una. He partly allowed the appeal vide Judgment dated 13.5.2015. Conviction of and sentence of imprisonment as well as fine under Section 149 IPC and sentence of imprisonment for offences under Sections 147, 323 and 341 IPC read with Section 149 IPC was set aside.
rt Fine amount imposed under Section 149 IPC was ordered to be refunded to them, if already paid. However, conviction and sentence of fine for offences under Sections 147, 323 and 341 read with Section 149 IPC was upheld.
5. I have heard the learned counsel for the parties and also gone through the record carefully.
6. Accused were labourers. They belonged to far flung District of Ajamgarh (U.P.). They are sole bread-winners of their families and have to look after their children. They were first time offenders. The complainant has received only simple injuries.
There is no record of previous conviction of the accused. No doubt, the accused have committed the crime but the punishment in criminal cases is both, punitive and reformative.
The purpose is that the person found guilty of committing the offence is made to realize his fault and is deterred from repeating ::: Downloaded on - 15/04/2017 20:15:39 :::HCHP 4 such acts in future. The purpose is also to enable the person to relent and repent for his action and make himself acceptable to the society.
.
7. Thus, the Judgment passed by the first appellate Court thereby modifying the judgment of the learned trial Court is reasoned and requires no interference.
8. Accordingly, both the appeals fail and are dismissed of as such. Bail bonds of all the accused persons shall stand discharged.
All pending applications are also disposed of. rt (Rajiv Sharma) Judge May 3, 2016 (vikrant) ::: Downloaded on - 15/04/2017 20:15:39 :::HCHP