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2012 DIGILAW 266 (UTT)

SITA RAM v. STATE OF UTTARAKHAND

2012-06-13

SERVESH KUMAR GUPTA

body2012
JUDGMENT Hon’ble Servesh Kumar Gupta, J.: The appeal is taken up for hearing which challenges the judgment and order of conviction dated 26.4.2000 rendered by learned Additional Sessions Judge, Nainital in S.T. No.199 of 1993, titled as ‘State Vs. Sita Ram and two others’. Learned Judge has found all the appellants Sita Ram, Ram Dhan and Ram Awatar guilty for the offence of Section 333 IPC and sentenced each of them to undergo four years’ R.I. along with fine of Rs.2,000/- each. In default of payment of fine, they were directed to undergo two months’ additional simple imprisonment. 2. The brief facts of the case are that on 15.9.1989 in the noon time, all the appellants Sita Ram, Ram Dhan and Ram Awatar were collecting fodder for their pet animals, and in order to cut grass, they entered inside the boundary of Fish Seed Production Center of Hempur Depot, situated within the circle of P.S. Kashipur. The appellants were not aware that cutting of grass in the said area was prohibited, so the Guard of the center, namely Gyan Chand prevented them. The dispute arose which escalated into the scuffle. All the three appellants beat Gyan Chand, causing injuries on his head. Anyhow, Gyan Chand could save himself and rushed to the depot office, where he narrated the entire incident to his senior Sri P.D. Arya, who lodged the report of this incident Ex.Ka-1. After investigation, a chargesheet was submitted against all the appellants, Sita Ram, Ram Dhan and Ram Awatar for the offence of Section 333 IPC. Learned Judge culminated the trial in recording the finding of conviction and sentence, as stated above. 3. Having heard learned counsel for the appellants as well as learned AGA for the State, it is pertinent to mention that the appellants’ counsel is not interested in arguing the appeal on merits; he only sought the mercy of this Court for reduction of the sentence to the minimum for the reason that all the appellants are so indigent that it is quite difficult for them even to earn their both ends meal everyday. It was further argued that they are simply labourers having their families and each one of them is having 4 to 6 minor children. It was lastly submitted that by the order of this Court, the appellants have been sent to gaol, because of which the family is facing starvation. 4. It was further argued that they are simply labourers having their families and each one of them is having 4 to 6 minor children. It was lastly submitted that by the order of this Court, the appellants have been sent to gaol, because of which the family is facing starvation. 4. Learned counsel for the appellants has also brought to the notice of this Court that all the appellants had been under incarceration before and after commencement of the trial for 84 days. This period has also been got verified by the records, as are available before the Court. 5. That apart, the appellants are in jail since 2.5.2012 in compliance of the non-bailable warrants directed to be issued by this Court against them. As such, for more 48 days, the appellants are in caption. 6. Having regard to the facts and circumstances of the case, the Court feels that the dispute had arisen all of a sudden and there was no pre-planning on the part of the accused persons to beat the guard Gyan Chand. Rather, the incident took place only because of intemperate and hot conduct of guard Gyan Chand and thus, the scuffle escalated into the assault. 7. So, in view of the above, the Court feels that the period of detention, which the appellants have suffered, by now, is enough to meet the ends of justice and no more punishment is needed for them. 8. Thus, the appeal is hereby dismissed on merits but it is hereby partly allowed on the quantum of sentence which is modified as under: - The sentence of four years’ R.I., as awarded by the trial court against each of the appellants, namely, Sita Ram, Ram Dhan and Ram Awatar, is hereby reduced to the sentence which has already been undergone by each of them, as stated above. However, so far as the sentence, regarding payment of fine of Rs.2,000/- is concerned, the same is hereby reduced to Rs.200/- against each of them. In default of payment of fine, each of the appellants shall undergo simple imprisonment for a week more. 10. Let a copy of this judgment be sent to the court below for compliance.