Research › Browse › Judgment

Himachal Pradesh High Court · body

1989 DIGILAW 138 (HP)

KIRRU RAM v. STATE OF HIMACHAL PRADESH

1989-09-11

BHAWANI SINGH

body1989
JUDGMENT Bhawani Singh, J.—This petition, through jail, has been moved by Kirru Ram who was convicted under sections 457/511 read with section 75 of the Indian Penal Code on November 1, 1988 and sentenced to rigorous imprisonment for two years with fine of Rs. 200 by the Chief Judicial Magistrate, Solan. Against this conviction, he appealed to the Addl. Sessions Judge, Solan, in Cri. Jail Appeal No. 38-S/10 of 1988 and by decision dated April 7, 1989 the appeal of the accused was allowed to the extent that the provisions of section 75 of the Indian Penal Code were held in-applicable in the case and the substantive sentence otherwise imposed was maintained. 2. As the accused was not represented by any Counsel, Shri A.K. Goel, a senior Counsel of this Court, was appointed under the High Court of Himachal Pradesh (Legal Aid to Accused) Rules, 1981 to defend the accused-petitioner. During the course of preliminary hearing of the matter on merits, it was considered desirable to summon the accused and to question him as to certain facts mentioned in the petition and to know if he could leave the acts of thieving in future and settle in his village and something could be done on the sentence part of the case to which effect compassionate pleas were submitted by Shri A.K. Goel. 3. The record of the case was perused in order to know whether any illegality had been committed by the trial Court in recording his plea of guilty and consequential conviction and sentence awarded to the accused. No such illegality appears to have been committed nor any brought to my notice by Shri A.K. Goel who has looked into the matter and the case file exhaustively. The record file does not, in my opinion, disclose any flaw to enable the accused to earn some benefit by way of acquittal. As observed by the courts below the plea of guilty made by the accused is absolutely spontaneous, natural and is not as a result of any harassment, pressure or compulsion and the allegations of the accused to the contrary do not appear to be correct. The matter has been dealt with exhaustively. Each aspect of the case has been taken note of, discussed and decided accordingly. Court sees no justification to set aside the concurrent findings arrived at by the courts below. 4. The matter has been dealt with exhaustively. Each aspect of the case has been taken note of, discussed and decided accordingly. Court sees no justification to set aside the concurrent findings arrived at by the courts below. 4. On the question of sentence, Shri A.K Goel submits that the accused wants to settle in life, live in his village and look after his parents and family holdings. Further, it is submitted that the accused is a young man and is married. He has honest desire to lead a clean life in future, questioned the accused. He reiterated all what his Counsel Shri A.K. Goel had submitted. He complains that the police had been after him in any and every case of theft wherever committed in Solan being an easy prey for them with the result that he had been involved and made to confess in number of such cases. So even if he intends to settle in the village and live there peacefully and honestly the police will go on harassing him. After hearing Shri A.K. Goel and the accused as well, I feel genuineness in these submissions. Therefore, keeping in mind these facts I think the interest of justice would be served in case the punishment is reduced to already undergone and fine imposed is set aside. Accordingly, the appeal is allowed to the extent that the accused is sentenced to imprisonment already undergone and the fine imposed is set aside. The accused will settle in his village as assured and remain under the care and supervision of the Pradhan Gram Panchayat of his area and Lamberdar of his village to keep away any possible suspicion, the police may entertain against him in his future life. I further hope that the police will not in any way harass the accused in future and give him every chance to settle in life and more particularly in his village. Order accordingly.