Partly allowed

Lakhan Sharma And Anr. v. State of Jharkhand

Jharkhand HC12 Jul 2023Cr.A(SJ)/1263/2008

Case brief

AI extract

What is this about?

The High Court affirmed the convictions of appellants for IPC sections 323 and 325. It reduced the fine for the female appellant from Rs.10,000 to Rs.5,000 upon her depositing 50% of the fine, disposed of the appeal, and directed the trial court to disburse the deposited fine to the victim.

What did the court decide?

Fine for respondent Saraswati Devi reduced from Rs.10,000 to Rs.5,000. Remaining fine to be paid to victim.

Lakhan Sharma And Anr. Vs State of Jharkhand — Cheque Dishonour | Jharkhand HC (2023)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr. Appeal (SJ) No. 1263 of 2008

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1.Lakhan Sharma 2.Saraswati Devi

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…… Appellants

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Versus

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The State of Jharkhand ……. Respondent

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-------

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CORAM: HON’BLE MR. JUSTICE SANJAY PRASAD

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-------- For the Appellants : Mr. Ritesh Kumar, Advocate For the State : Mr. Ravi Prakash, Spl.PP

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Oral Judgment in Court 08/Date:12^th July, 2023

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Perused the report sent by Sri Sanjay Kumar Upadhyay, learned Additional Sessions Judge, FTC-VI (I/C), East Singhbhum, Jamshedpur vide letter no.507 dated 03.07.2023 and letter no.518 dated 05.07.2023.

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It appears that both the appellants namely Lakhan Sharma and Saraswati Devi have deposited the fine amount in question and the appellant no.1 i.e. Lakhan Sharma has deposited Rs.1000/- as fine amount and appellant no.2 i.e. Saraswati Devi has also deposited Rs.5,000/- as fine amount. 3. This Cr. Appeal (SJ) No.1263 of 2008 has been filed on behalf of both the appellants challenging the judgment of conviction and order of sentence dated 02.09.2008 passed in S.T. No.340 of 2006 by Sri Sandip Sharma, then learned Additional Sessions Judge, F.T.C-VI, Jamshedpur by which the appellant no.1 has been convicted for the offence under section 323 of the I.P.C and appellant no.2 has been convicted for the offence under section 325 of the IPC and both the appellants however have been directed to be released on furnishing bond of Rs.5000/- with one surety each and to maintain peace and harmony for one year under the provisions of section 4 of the

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Probation of Offenders Act and the appellant no.1 namely Lakhan Sharma has further been directed to pay fine of Rs.1,000/- and appellant no.2 i.e. Saraswati Devi has further been directed to pay fine of Rs.10,000/- for compensation to the injured which was to be paid to the injured person i.e. Abhishek. 4. Heard Mr. Ritesh Kumar, learned counsel for the appellants and Mr. Ravi Prakash, learned Spl.PP for the State. 5. It transpires from the record that after filing of this Criminal Appeal, a Co-ordinate Bench of this Court vide order dated 12.11.2008 had stayed the judgment of conviction and order of sentence dated 02.09.2008 passed by Sri Sandip Sharma, learned Additional Sessions Judge, F.T.C-VI, Jamshedpur in S.T. No.340 of 2006 subject to condition that appellant no.1 i.e. Lakhan Sharma shall deposit the fine amount of Rs.1,000/- and the appellant no.2 i.e. Saraswati Devi shall deposit half of the fine amount i.e.Rs.5,000/- before the trial court.

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It transpires from the record that the appellant no.1 i.e. Lakhan Sharma has deposited total fine amount of Rs.1,000/- on 03.07.2023 whereas the appellant no.2 i.e. Saraswati Devi has deposited Rs.5,000/- which was 50% of the fine amount.

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Learned counsel for the appellants has submitted that the appellants have already complied the order passed by the Coordinate Bench of this Court by depositing the fine amount of Rs.1000/- and Rs.5000/- respectively by appellant no.1 and appellant no.2 and as such the fine amount of appellant no.2 may be reduced. It is submitted that the instant appeal has become infructuous since more than one year has expired.

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On perusal of the Lower Court Records, it appears that both the appellants have furnished their bond of Rs.5000/- with one surety of the like amount each before the learned court

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below itself on 02.09.2008 in the light of the judgment of conviction and order of sentence dated 02.09.2008 passed by Sri Sandip Sharma, learned Additional Sessions Judge, F.T.C-VI, Jamshedpur in S.T. No.340 of 2006.

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Considering the fact that appellant no.2 i.e. Saraswati Devi is a lady and has deposited 50% of the fine amount, this Court is of the view that the fine imposed by the trial court can be reduced to Rs.5,000/-.

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Under the circumstances, conviction of the appellant no.1 namely Lakhan Sharma and appellant no.2 namely Saraswati Devi for the offence under section 323 and 325 of the IPC is affirmed.

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So far as the sentence is concerned, the sentence of the appellant no.1 i.e. Lakhan Sharma will remain intact and so far the sentence of the appellant no.2 i.e. Saraswati Devi is concerned, the fine amount of Rs.10,000/- is reduced to Rs.5,000/- and instead of Rs.10,000/- the fine amount of Rs.5,000/- will be sufficient.

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Thus, this Cr. Appeal (SJ) No.1263 of 2008 stands disposed of with the modification in sentence as indicated above.

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However, the trial court is directed to ensure that the fine amount of Rs.6,000/- deposited by the appellants may be furnished to the victim by sending her notice.

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(Sanjay Prasad, J.)

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Saket/-

Lakhan Sharma And Anr. v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

Lakhan Sharma And Anr. v. State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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