The High Court in Criminal Revision allowed the application in part, quashing the death penalty and other severe punishments. The bench reduced the sentence to the period already undergone.
The sentence imposed on the applicant was reduced to the period already undergone.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Appeal No. 535 of 2006
Judgement reserved on 27.11.2018
Judgement delivered on 08.02.2019
Mosu S/o. Shri Krishna Prem, Aged about 50 years, Occupation Time Keeper, Public Works Department, R/o. Village Nagarnar, P.S. Nagarnar, District Bastar (C.G.)
---- Applicant
Versus
State of Chhattisgarh, Through Station House Officer, Police Station Nagarnar, Police Chowki Bakawand, Distict Bastar (C.G.)
---- Respondent
For Applicant : Mr. Y.C. Sharma, Advocate For Respondent : Mr. Sanjeev Pandey, Govt. Advocate
Hon'ble Smt. Justice Vimla Singh Kapoor
CAV Judgement
This revision is directed against the judgment dated 16.06.2006 passed by the Additional Sessions Judge (FTC) Jagdalpur, Bastar in Criminal Appeal No. 19 of 2005, affirming the judgment of conviction and order of sentence dated 24.01.2005 passed by the Judicial Magistrate First Class, Jagdalpur in Criminal Case No. 130/2002, convicting and sentencing the accused/applicant under Sections 420/34, 465 read with section 471/34 IPC and sentencing him to undergo RI for 1 year, to pay fine of Rs. 250/- u/s. 420/34 IPC and RI for 1 year u/s. 465 read with section 471/34 IPC with default stipulation.
2 . Facts of the case, in short, are that complainant (PW-1) Kandru S/o. Sudruram lodged an FIR (Ex.P-5) in Police Station Nagarnar, Police Chowki Bakawand, wherein it is alleged that he was working as a Gangman in PWD Department prior to 08.06.1999, due to his ailment he could not join his duties for some period. After recovery of ailment, he went to his place of working but it came to his knowledge that present applicant Mosu had helped co-accused Raghu and manipulated in the service book of complainant (PW-1) thereafter the present applicant provided job to co-accused Raghu in the name of complainant (PW-1). After registration of offence and completion of investigation the charge sheet was filed against the accused/applicant.
3 . After examining the material available on record and the evidence of the witnesses the trial Court convicted the accused/applicant under Sections 420/34, 465 read with section 471/34 IPC. The findings recorded by the trial Court have subsequently been affirmed by the lower appellate court. Hence, this revision.
4 . Counsel for the accused/applicants submits that both the Courts below have fallen in a serious error in convicting the accused/applicant under Sections 420/34, 465 read with section 471/34 IPC and that the findings so recorded are contrary to the evidence led by the prosecution. He further submits that as the prosecution could not prove its case beyond reasonable doubt, the judgment impugned is liable to be set aside.
5 . On the other hand, counsel for the respondent/State supports the judgment impugned and submits that the findings recorded by the both the Courts below convicting and sentencing the accused/applicants as shown above, are strictly in accordance with law and there is no infirmity in the same.
6 . Having heard counsel for the parties and perused the material available on record including the evidence of PW-1 who proved the FIR (Ex.P-5) and that of PW-2, PW-6, PW-7 and PW-8 who proved the seizure memo under (Ex P-4), it gets crystallized that the accused/applicant was involved in the crime in question and had played important role in manipulating the service book of complainant (PW-1) and affixed photographs of co-accused and provided government job in the name of the complainant (PW-1) to co-accused for which the complainant (PW-1) had suffered great loss. The statement of all these witnesses are quite consistent and therefore there is no reason to disbelieve or discard the same. In this view of the matter, both the Courts below appear to have been fully justified in holding the accused/applicant guilty under Sections 420/34, 465 read with section 471/34 IPC and therefore, no infirmity or illegality is visible in the judgment under assail.
7 . As regards sentence, keeping in view the fact that the incident had taken place in the year 1999, that the accused/applicant has already remained in jail about 2 months and 17 days and further that by now he must be leading a well settled life saddled with innumerable responsibilities, this Court
thinks it proper to reduce the sentence imposed on him to the period already undergone. Order accordingly.
8 . With the above, the revision stands allowed in part.
Sd/-
(Vimla Singh Kapoor)
JUDGE
Santosh
1 issue framed by the court
Whether the accused was properly convicted under Sections 420/34, 465 read with section 471/34 IPC.
1 provisions across 1 enactments
Mosu S/o. Shri Krishna Prem
State of Chhattisgarh
Vimla Singh Kapoor
Santosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
