The mental and physical sufferings were taken into consideration to allow the criminal revision appeal – Jharkhand high court
The mental and physical sufferings were taken into consideration to allow the criminal revision appeal – Jharkhand high court
The present appeal is filed against the judgment of conviction passed by sessions judge in Trial No.36 of 1997 and the appellants were found guilty of the offenses under Sections 148, 387, 323, 353, and 149 of IPC and imprisonment of 1 year under Section 148 of IPC. The appeal was heard and allowed by a single judge bench of HON’BLE MR. JUSTICE NAVNEET KUMAR in the case of Rabul Ansari and Ors versus The State of Jharkhand (Cr. Appeal (SJ) No.594 of 2003)
The sessions judge convicted the appellants for damaging the articles and causing hurt to shopkeepers and witnesses of the case and booked the appellants under Sections 147, 148, 149, 341, 323, 333, 307, 386, 387, 353, 427 of IPC. The trial was conducted by a lower court and passed the order of conviction which is under review through this appeal.
The learned counsel appearing on behalf of the petitioners submits that the learned trial court has committed gross error in appreciation of the evidence, as the prosecution had failed in proving the charges leveled against the appellants. It is further submitted that the court has failed in considering that there are contradictions among witnesses and there is no proof of demanding extortion from the shop keepers. The counsel further submits that the court has relied on unreliable sources and the testimonies of interested witnesses in the case and no neutral witness testimonies were taken and therefore the impugned judgment of conviction and order of sentence is bad in law and fit to be set aside.
The learned APP appearing on behalf of the state submits that there was a direct allegation against the plaintiffs and the lower court has rightly considered all the evidence in the matter and found the appellants guilty for the offense punishable under Sections 148, 387, 323, 353 read with section 149 of IPC there is no valid point in interfering with the order as all the evidence are rightly considered and as such this appeal is fit to be dismissed being devoid of merit.
The court hearing the opposite submissions find that the appellants have caused hurt and have assaulted the witnesses and hence all the appellants are found guilty for the offenses punishable under sections 147, 323, and 353 read with section 149 of the IPC as decided by the lower court. The judgment of conviction passed by the learned trial court against the appellants is amended for the offenses punishable under sections 147, 323, and 353 read with section 149 of the IPC. No offense either under section 148 or under section 387 of IPC is proved hence the judgment of conviction is hereby set- aside and the appellants are hereby convicted for offenses punishable under sections 147, 323, and 353 read with section 149 of the IPC only. Further, it is decided that the mental and physical sufferings of the appellants are more unjust under the facts and circumstances of the case hence the appellant is allowed to be released on bail and the appeal is partly allowed.
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Judgment reviewed by Naveen Sharma