MD Razi and Ors. v. the State of Jharkhand and Anr.
Case brief
What is this about?
In a criminal revision petition against a conviction and sentence under Sections 148, 323, 447, 385 IPC for land dispute offences, the High Court upheld the conviction despite a pending civil appeal. The Court distinguished a Supreme Court judgment regarding affidavit requirement as inapplicable. Sentences were modified to time spent in custody with fines imposed.
What did the court decide?
Conviction upheld; sentences reduced to period of judicial custody liable served with imposition of fines totalling Rs. 5,000 each.
What the court decided
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Revision No. 1087 of 2013
- Md. Razi son of late Abdul Mazid
- Raushan Bibi wife of Md. Khalil
- Sheikh Bablu @ Bablu Sheikh son of Sheikh Rajool
- Md. Abubakar son of Mir Mansoor
- Md. Raushan Ali @ Md. Raushan son of Md. Majanoo
- Md. Kashim son of Md. Nazir
All are resident of Mohalla- Kumhar para, P.O. + P.S.- Dumka (T), District- Dumka, Jharkhand … … … Petitioners
-Versus-
- The State of Jharkhand
- Rameshwar Prasad Sah son of late Ram Briksha Sah, resident of village- Ratanpur, P.O. + P.S.- Dumka (T), District- Dumka, Jharkhand … … Opp. Parties
Issues for consideration
3 issues framed by the court
Whether the conviction of petitioners for rioting, criminal mischief, dishonestly taking movable property, and obstructing passage is sustainable despite pending civil appeal.
Whether lack of medical report or vacancy of affidavit in complaint application vitiate the conviction.
Whether sentence of petitioners be modified considering length of trial and custody period.
Parties & counsel
- petitioner
Md. Razi
- petitioner
Raushan Bibi
- petitioner
Sheikh Bablu
- petitioner
Md. Abubakar
- petitioner
Md. Raushan Ali
- petitioner
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · August
- Registered
- Case no.
- Cr.Rev./1087/2013
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