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2012 DIGILAW 1239 (ALL)

Ram Pyare and Others v. State of U. P.

2012-05-23

SAEED-UZ-ZAMAN SIDDIQI

body2012
Saeed-Uz-Zaman Siddiqi, J.:— Accused appellants Ram Pyare, Devi Gulam, Kashi Nath Pathak, Kishan Swaroop have preferred this appeal against the judgment and order dated 19.02.2001 by which the accused Kashi Nath Pathak has been convicted for the offence punishable under Section 323 IPC and sentenced to undergo rigorous imprisonment for one year. The accused Ram Pyare, Devi Gulam and Kishan Swaroop have been convicted for the offences punishable under Section 323/34 IPC and sentenced to undergo rigorous imprisonment for one year. All the accused appellants have been convicted for the offences punishable under Section 504 IPC and sentenced to undergo simple imprisonment for one year. All the accused appellants have been convicted for the offence punishable under Section 506 IPC and sentenced to undergo rigorous imprisonment for one year. All the accused applicants have been convicted under Section 3 (1) (X), Prevention of Atrocities and SC/ST Act and sentenced to undergo six months imprisonment and Rs. 500/- as fine. During the pendency of the appeal, accused Devi Gulam had died and a report to this effect has been received by Chief Judicial Magistrate, Unnao and, as such, the conviction as well as appeal in as much as it relate to accused Devi Gulam stood abated. Brief facts of the case are that on 01.06.1992 at about 03.00 pm, the accused appellants reached at the door of Lalta Prasad and abused him on the ground that he stood as witness in another case filed against the accused and directed him to file affidavit in their support. An altercation took place. The accused appellants hurled abuses, threatened to kill and slapped him. The FIR was lodged at the Police Station Fatehpur Chaurasi, District- Unnao and the case was registered under Crime No. 204/1992. The injured was examined at PHC, Fatehpur Chaurasi. After investigation, the charge-sheet was submitted. The learned Trial Court famed charges against the accused on 06.12.1994 to which they denied and claimed trial. The prosecution examined Lalta Prasad as P.W. 1, Ram Bhajan as P.W.-2, Shiv Kant as P.W.-3 and Constable Surendra Pal Singh as P.W.-4. There is documentary evidence as well. The defence did not lead any evidence. After conclusion of the prosecution witnesses, the accused were examined under Section 313 Cr.P.C., who filed three documents and did not examine any witness. The prosecution examined Lalta Prasad as P.W. 1, Ram Bhajan as P.W.-2, Shiv Kant as P.W.-3 and Constable Surendra Pal Singh as P.W.-4. There is documentary evidence as well. The defence did not lead any evidence. After conclusion of the prosecution witnesses, the accused were examined under Section 313 Cr.P.C., who filed three documents and did not examine any witness. After conclusion of the trial, the learned Trial Court reached to the conclusion that the prosecution has got success in proving the guilt against the accused appellants and they were convicted and sentenced. I have heard learned counsel for the appellants as well as learned A.G.A. and have gone through the records. During the course of hearing, learned counsel for the appellants conceded that the learned Additional Sessions Judge has correctly convicted the accused appellants, but submitted that the punishment of imprisonment may be reduced to the period already undergone by the accused appellants and, in lieu of it, the appellants may be awarded enhanced punishment of fine. The learned Sessions Judge has awarded maximum punishment of sentence provided under the law for the offence punishable under Section 323 IPC. Though the circumstances did not warrant such extreme penalty. The evidence relate to slapping two to three times. There is no injury report. Similarly, the learned Trial Court has awarded inordinate punishment for the offence punishable under Section 504 and 506 IPC. Though he has awarded a fine of Rs. 500/- to each of the accused for the offence punishable under Section 3 (1) (X), Prevention of Atrocities and SC/ST Act, yet he has not directed that any percentage on the amount of fine should be paid to the victim, who belongs to weaker section of the society. The learned Additional Sessions Judge, has overlooked the fact that grant of compensation, out of any amount of fine would have strengthened the rural social fabric. The imposition of punishment has been awarded in a mechanical manner which was not expected from an activist Judge. A sleeping or dormant Judge cannot satisfy the demands of the society. Mere award of sentence or acquittal is not according to the expectations of the society. The people, by and large, expect justice from a Court of law, may it be a Civil Court or Criminal Court or any other Court. A sleeping or dormant Judge cannot satisfy the demands of the society. Mere award of sentence or acquittal is not according to the expectations of the society. The people, by and large, expect justice from a Court of law, may it be a Civil Court or Criminal Court or any other Court. Learned Additional Sessions Judge has overlooked the law laid down by the Hon'ble Apex Court in the case of Bhaskaran v. Sankaran Vaidhyan Balan, reported in AIR 1999 SC 3762 , in which it was held that while fixing the quantum of compensation, the Magistrate should consider what would be the reasonable amount of compensation payable to the complainant. In Hari Krishnan and the State of Haryana v. Sukbir Singh and others reported in AIR 1988 SC 2127 , the Hon'ble Supreme Court has held that power of imposing fine intended to do something to reassure the victim that he or she is not forgotten in the criminal justice system. It is a measure of responding appropriately to crime as well as reconciling the victim with the offender. It is to some extent a constructive approach to crime and a step forward in a criminal justice system. It is because of this that it was recommended that all criminal courts should exercise this power liberally so as to meet the ends of justice, by cautioning that the amount of compensation to be awarded must be reasonable. While holding this the Hon'ble Supreme Court has referred its earlier decision in Sarup Singh v. State of Haryana, reported in AIR 1995 SC 2452 . The Court further emphasized that the amount of compensation was enhanced taking into consideration the gravity of the injury, the strata to which the accused belongs, the milieu in which the crime has taken place and further keeping in view the cry of the society for the victims at large. People, by and large, are rapidly loosing confidence in the criminal judicial system; victims feel ignored and are crying for attention for justice and; there is a demand that the system must focus on justice to victims, as well. A traditional judicial system must take note of the pulse of the society at large. People, by and large, are rapidly loosing confidence in the criminal judicial system; victims feel ignored and are crying for attention for justice and; there is a demand that the system must focus on justice to victims, as well. A traditional judicial system must take note of the pulse of the society at large. Courts are parts of the society and cannot overlook the will of the people; underneath there is a feeling which advocates replacement of the vertical criminal judicial system by a "horizontal line of justice" where the punishment system is sought to be substituted by a system which gives a central role for the victims. A practical aspect of the matter is that though maintenance of law and order is a State subject, yet the victim is a complainant who activates the machinery of the Criminal justice system by bringing evidence and information about illegal acts to the attention of the authorities. If the police activates in actual operation, as required by law of the land, the victim then plays an additional role as a witness for the prosecution and helping the State to secure a conviction. Since crime is conceptuated as an event that threatened and offended the entire community, and was prosecuted by the State on behalf of the people, the actual victim is treated like just another piece of evidence, a mere exhibit to be discarded after the trial. The time is over-ripe to redress, restore & readjust the injustice and imbalance to the crime victims by the Judges, the prosecutors and probation officers etc. Every instrument of State machinery, in general and Judges in particular, should ensure explicit standards of fair treatment to protect the interests of victims and witnesses. The victims ought to receive reimbursement from one source or the other. The penal philosophy in India is derived from the British model which is based upon concepts of prevention of crime and treatment and rehabilitation of criminals. Victims who suffer injustice silently, have no rights, and, in extreme cases, depend upon the mercy of police officers. The victims ought to receive reimbursement from one source or the other. The penal philosophy in India is derived from the British model which is based upon concepts of prevention of crime and treatment and rehabilitation of criminals. Victims who suffer injustice silently, have no rights, and, in extreme cases, depend upon the mercy of police officers. The courts have to draw a silver lining between offenders and offended (victims) through affirmative action; and take a lead to compensate and reimburse the victims under the existing provisions of the Penal Code contained in Chapter-III, Section- 357 of the Code of Criminal Procedure, 1973 & other Special Statutes where provision of imposition of fine is prescribed pending draft of 'Victims Assitance Bill' to become statute prepared by Justice V.R. Krishna Iyer under National Human Rights Commission, with a view that no citizen should feel ignored by applying psycho-social coping model', the dynamic component of which should be (I) prevention (ii)action and (iii) Reappraisal with a will to eliminate and reduce stress in the society, at large. The Courts should take note of the fact that the Parliament has amended section 372 of the Code of Criminal Procedure so as to entitle a complainant in a criminal case to file appeal in case the accused gets acquittal or gets lesser punishment or impose inadequate compensation, so as to indulge the victim in the process of justice. Victims have a valid interest in prosecution of the case and should be involved at all stages of the proceedings. Talking, day in and day out, about interest of the accused, and neglecting the victims, is resulting in hostility of victims and ultimately acquittal, which is eroding the majesty of law and justice. Current situation of criminal justice deserve to cope with international standards so as to cement the fact that Judges, by and large, are sympathetic and not alien to victims. It will reflect transparency and honesty in the corridors of Justice. As early as in 1983, the Apex Court has recognised the need of State compensation in cases of abuse of power by State machinery, in Rudul Sah vs. State of Bihar AIR 1983 SC 1086 , Similarly, in Saheli, a women's Resources Centre through Mrs. Nalini Bhanot vs. Commissioner of Police ( AIR 1990 SC 513 ) compensation was granted to victim's mother. Nalini Bhanot vs. Commissioner of Police ( AIR 1990 SC 513 ) compensation was granted to victim's mother. In D.K. Basu vs. State of West Bengal ( AIR 1997 SC 610 ), it was held, " To repair the wrong done and give judicial redress for legal injury is a compulsion of judicial conscience." Under Clause- 12 of the U.N. Declaration, the onus is on the state to "endevour to provide financial compensation to both the victims who have suffered bodily injury or impairment of physical or mental health as a result of serious crimes as well as the family of those who have died as a result of victimization." Judicial and administrative mechanisms should be established and strengthened, where necessary, to enable victims to obtain redress through formal or informal procedures that are expeditious, fair, inexpensive and accessible. Victims should be informed of their rights in seeking redress through such mechanisms. Victims deserve to be treated with compassion and respect for their dignity. They are entitled to access to the mechanisms of justice and to prompt redress, for the harm that they have suffered. It is a weakness of our jurisprudence that victims of crime and the dependents of the victims do not attract the attention of law, the victims reparation is still the vanishing point of our law. However, the concept of "awarding compensation" has been reiterated by Hon'ble Apex Court in the cases mentioned above. In the case of Sarwan Singh v. State of Punjab reported in AIR 1978 SC 1525 , it was held that while awarding compensation, it is necessary for the court to decide whether the case is fit enough to award compensation. It the case is found fit for compensation, then the capacity of the accused to pay the fixed amount has to be determined. In view of the law as discussed above, and in view of the facts and circumstances of the case, each of the surviving accused appellants, namely, Ram Pyare, Kashi Nath Pathak and Kisan Swaroop shall have to undergo imprisonment already undergone by them and each of the accused appellants shall have to pay Rs. 5,000/- as fine each within thirty days from the receipt of the record by the learned Trial Court. In default of payment of fine, each of the accused appellant shall have to undergo rigorous imprisonment of six months. 5,000/- as fine each within thirty days from the receipt of the record by the learned Trial Court. In default of payment of fine, each of the accused appellant shall have to undergo rigorous imprisonment of six months. Out of the fine so deposited, it shall be paid as compensation to Lalta Prasad, victim (in case of his justice to his legal representatives) without delay. The office is directed to send the lower court's record along with copy of the judgment to the learned Trial Court, without delay, so as to ensure that it reaches the learned Trial Court within June, 2012. With these observations, the appeal is disposed of, in such a fashion that it is partly allowed. The conviction is confirmed but the sentence is modified as stated above. _____________