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2014 DIGILAW 259 (PAT)

Banwari Chauhan v. Sheo Chauhan

2014-02-17

AKHILESH CHANDRA

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JUDGMENT : Akhilesh Chandra, J.-Since all these appeals arise out of one case, they arc being taken up together and are disposed of by this composite order. 2. Heard learned counsels appearing on behalf of the parties. 3. All these appeals have been preferred against the judgment of conviction and order of sentence, respectively, dated 16th & 17th Day of June, 1998 passed by 3rd Additional Sessions Judge, Nawadah, in Sessions Trial Nos. 173/87/148/87 arising out of Nawadah Muffasil P.S. Case No. 64/87, wherein, the appellants namely, Ganga Bishun Chauhan, Lakhan Chauhan, Sheo Chauhan and Ram Lagan Chauhan, have been convicted for the offence under Sections 307/149 of the Indian Penal Code and sentence to undergo rigorous imprisonment for six years, appellants, namely, Banwari Chauhan, Jai Ram Chauhan, Mahendra Chauhan, Jogendra Chauhan, Ravi Chauhan and Deo Chauhan, have been convicted for the offence under Sections 307/149 of the Indian Penal Code and sentence to undergo rigorous imprisonment for four years, appellants, namely, Ganga Bishun Chauhan, Lakhan Chauhan and Sheo Chauhan, have been convicted for the offence under Section 27 of the Arms Act and sentence to undergo rigorous imprisonment for six. years, appellant, namely, Ram Lagan Chauhan, have been convicted for the offence under Sections 3 & 5 of the Explosive Substance Act and respectively sentence to undergo rigorous imprisonment for seven and five years and appellants, namely, Ram Lagan Chauhan, Mahendra Chauhan, Jogendra Chauhan and Jai Ram Chauhan, have been convicted for the offence under Section 380 of the Indian Penal Code and sentence to undergo rigorous imprisonment for three years. However, all the sentences are to run concurrently. 4. After some arguments, learned counsel appearing on behalf of the appellants has opted not to challenge their conviction, but confined her submissions on the point of sentence mainly on the ground of their respective ages, financial losses and mental agony suffered for about last 27 years besides detention for about one year at pre and post conviction stage. Further, learned counsel submitted that the four appellants, namely, Ravi Chauhan, Jogendra Chauhan, Deo Chauhan (Cr. App. (SJ) No. 256/1998) and Sheo Chauhan (Cr. App. (SJ) No. 282/1998), were under the 18 years of age at the relevant time. 5. Further, learned counsel submitted that the four appellants, namely, Ravi Chauhan, Jogendra Chauhan, Deo Chauhan (Cr. App. (SJ) No. 256/1998) and Sheo Chauhan (Cr. App. (SJ) No. 282/1998), were under the 18 years of age at the relevant time. 5. On the other hand, learned Additional Public Prosecutor, while raising no objection to the submissions made above, has simply stated about monetary compensation to the informant, and also submitted that at this stage any further enquiry on the point of ages of four appellants (said to be under the 18 years of age) may not produce any positive result and it is just sheer wastage of time. 6. Having regard to the facts and circumstances, without imposing any fine upon the four appellants. i.e., Ravi Chauhan, Jogendra Chauhan, Deo Chauhan (Cr. App. (SJ) No. 256/1998) and Sheo Chauhan (Cr. App. (SJ) No. 282/1998), their sentence, as awarded by the trial Court, is reduced as the period already undergone. So far as the remaining appellants, i.e., Banwari Chauhan, Jai Ram Chauhan, Mahendra Chauhan (Cr. App. (SJ) No. 256/1998), Lakhan Chauhan (Cr. App. (SJ) No. 282/1998). Ganga Bishun Chauhan (Cr. App. (&1) No. 290/1998) and Ram Lagan Chauhan (Cr. App. (SJ) No. 310/1998) are concerned, subject to deposit of fine of Rs. 5,000/- each within a period of four months, their sentence, as recorded by the trial Court, is reduced as the period already undergone. Out of the amount, so deposited, 50% shall go to the informant, if alive, otherwise to his/her legal heirs and the remaining 50% shall go to the District Legal Services Authority, Nawadah. 7. With the above modification, in sentence, as awarded by the trial Court, all these appeals are hereby dismissed. 8. Let a copy of this judgment be at once communicated to the Court below for needful (3rd Additional Sessions Judge, Nawadah, in Sessions Trial Nos. 173/87/148/87 arising out of Nawadah Muffasil P.S. Case No. 64/87) through FAX at the cost of the appellants. Appeals dismissed.