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2024 DIGILAW 191 (JHR)

Paltan Turi v. State of Jharkhand

2024-02-21

NAVNEET KUMAR

body2024
JUDGMENT : Navneet Kumar, J. This criminal revision is directed against the judgment dated 13.2.2009 passed by the Court of learned Sessions Judge, Dhanbad, in Criminal Appeal No.282 of 2008, whereby, the appeal was dismissed with modification in the order of sentence, under which, the learned Appellate Court below has confirmed the conviction of the petitioners for the offences punishable under Sections 341, 342, 500 and 506 of Indian Penal Code and under Sections 3/4 of the Prevention of Witch (Daain) Practices Act, 1999, but the learned appellate court has modified the order of sentence by imposing the sentence of imprisonment upon the petitioners, i.e. R.I. for six months for the offences under Sections 342, 500 and 506 of Indian Penal Code and R.I. for one month for the offence punishable under Section 341 of Indian Penal Code and affirmed the sentence passed under Sections 3/4 of Prevention of Witch (Daain) Practices Act, 1999 by the Court of learned Judicial Magistrate, 1st Class, Dhanbad vide order dated 17.09.2008 in C.P. Case No.302 of 2003 (T.R. No.832 of 2008), under which the petitioners were sentenced to undergo 3 months R.I. and 6 months R.I. under Sections 3 and 4 of Prevention of Witch (Daain) Practices Act, 1999 respectively. 2. The prosecution case was instituted on the basis of a complaint case filed by the complainant Lakhoni Soren alleging therein that on 3/2/2003 at about 10.00 a.m., all the accused petitioners came to her house as the son of Mantu Turi had died and the appellants were threatening the complainant and asked to bring back life to the deceased and called her Daain. They tried to attack her, but she saved herself by locking herself inside the house. It is further alleged that they also prevented the complainant from taking water from the government well, stating that she was a witch and she will contaminate the water. They also prevented her from venturing outside. 3. After due enquiry, u/s 202 of Cr.P.C. a prima facie case under Sections 341, 342, 500, 506 and 34 of Indian Penal Code and under Sections 3 & 4 of the Prevention of Witch (Daain) Practices Act, 1999 was found. The learned Judicial Magistrate passed order to issue summons upon the accused persons to face the trial. 3. After due enquiry, u/s 202 of Cr.P.C. a prima facie case under Sections 341, 342, 500, 506 and 34 of Indian Penal Code and under Sections 3 & 4 of the Prevention of Witch (Daain) Practices Act, 1999 was found. The learned Judicial Magistrate passed order to issue summons upon the accused persons to face the trial. Substance of accusation was explained to the accused persons in Hindi, to which, they pleaded not guilty and claimed to be tried. 4. Thereafter the complainant examined four witnesses to support its case and after closing the evidence, statement under section 313 of Cr.P.C. was recorded and vide judgment dated 17.09.2008, the learned Judicial Magistrate, 1st Class, Dhanbad had found the accused petitioners guilty under Sections 341, 342, 500, 506/34 of Indian Penal Code & Sections 3 & 4 of Witch (Daain) Practices Act, 1999 and all the petitioners were sentenced to S.I. for one month under Section 341 of the Indian Penal Code, one year R.I. under Section 342 of Indian Penal Code, S.I. for two years under Section 500 of Indian Penal Code and R.I. for two years under Section 506 of Indian Penal Code and further all the petitioners were sentenced to undergo R.I. for three months under Section 3 and R.I. for six months under Section 4 of the Prevention of Witch (Daain) Practices Act, 1999 and all the sentences were directed to run concurrently. However, it was directed that the period of detention undergone by the concerned accused persons (petitioners) is set-off against the sentence of imprisonment under Section 428 of Cr.P.C. 5. Being aggrieved by the aforesaid judgment of conviction and order of sentence dated 17.09.2008 passed by the learned Court of Judicial Magistrate, 1st Class, Dhanbad in C.P. Case No.302 of 2003, corresponding to T.R. No.832 of 2008, these petitioners have preferred the appeal vide Criminal Appeal No.282 of 2008, whereby the learned Appellate Court below dismissed the appeal by modifying the order of sentence passed by the learned trial court as stated above and then the petitioners have preferred this criminal revision against the judgment dated 13th February 2009 passed by the learned Appellate Court below in Cr. Appeal No.282 of 2008. 6. Appeal No.282 of 2008. 6. During pendency of this criminal revision application, it is found that the petitioner No.1 Mantu Turi and also the O.P. No.2 Lakhoni Soren has died as evident from the order of this Court dated 03.01.2023 on the basis of the I.A. No.1147 of 2019 with respect the petitioner No.1 and with respect to O.P. No.2, the service report has been received, which is available on record, by which, it appears that the O.P. No.2 Lakhoni Soren has also died about 10 years ago as per the report dated 23.10.2022, which is also available on record. 7. Accordingly, let the name of petitioner No.1 Mantu Turi and O.P. No.2 Lakhoni Soren be deleted from the record. 8. In view of the fact that this Criminal Revision Application gets abated with respect to the petitioner No.1 Mantu Turi, which is evident from order dated 03.01.2023 passed by this Court, but it appears that the I.A. No.1147 of 2019 has not been disposed of and therefore the I.A. No.1147 of 2019 filed on behalf of the petitioners gets disposed of. In result the name of petitioner No.1 is deleted and the rest of the remaining petitioners are renumbered as 1, 2 & 3 respectively. 9. Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. Arguments advanced on behalf of the petitioners 10. It is submitted by learned counsel appearing on behalf of the petitioners that the petitioners do not want to argue this case on merit and as such, he is confining his arguments only on the point of sentence. 11. It has further been submitted that all the petitioners have been convicted by learned Judicial Magistrate, 1st Class, Dhanbad, which was affirmed by the learned Appellate Court, but the sentence was modified by appellate court as R.I. for six months for the offences under Sections 342, 500 and 506 of Indian Penal Code and R.I. for one month for the offence punishable under Section 341 of Indian Penal Code and sentence passed under Sections 3/4 of Prevention of Witch (Daain) Practices Act, 1999 by the learned trial court was affirmed by the learned appellate court below. 12. 12. Further it is submitted that the petitioner No.1 Paltan Turi has remained in jail for 01 month 23 days, petitioner No.2 Anil Turi has remained in jail for about 01 month 22 days and petitioner No.3 has remained in jail for about 01 month 23 days. 13. It is further submitted that the incident had taken place as far back as in the year 2003 and over a period of time, all these petitioners have already suffered mental harassment and trauma of the criminal prosecution for a long period of time. It has further been pointed out that there is nothing on record to indicate about the criminal history against these petitioners. 14. Further it has also been submitted that since the petitioners do not want to argue this case on the point of judgment of conviction, it is prayed that the judgment of conviction may be confirmed and the order of sentence may be modified by awarding the sentence of imprisonment for a term of the period already undergone by the petitioners and further a suitable sentence of fine may be imposed in order to give it to the legal heirs of the victim CW-5 as the said victim has died during the pendency of this criminal revision by way of compensation. Arguments advanced on behalf of the State 15. On the other hand, learned APP appearing on behalf of the State opposed the contentions raised on behalf of the petitioners and submitted that both the courts have rightly convicted the petitioners for the offences punishable under Sections 341, 342, 500 and 506 of Indian Penal Code and they were sentenced to undergo R.I. for six months for the offences punishable under Sections 342, 500 and 506 of Indian Penal Code and R.I. for one Month for the offence punishable under Sections 341 of Indian Penal Code and further R.I. for three months under Section 3 and R.I. for six months under Section 4 of the Prevention of Witch (Daain) Practices Act, 1999, but did not controvert the fact that there is no criminal history against anyone of these petitioners and it has been submitted that since the petitioners do not want to argue this case on the point of judgment of conviction and therefore let the judgment of conviction passed by the courts below be confirmed. 16. 16. Further, the period of custody as submitted by the learned counsel appearing on behalf of the petitioners has not been controverted by the learned APP appearing on behalf of the State, which is available on record and further it has been submitted that a suitable order for modification in order of sentence may be passed by awarding a suitable fine amount by way of compensation under the facts and circumstances of the case. 17. Having heard the parties, perused the record of this case. Appraisal & Findings 18. It is found that out of four revision petitioners, one Mantu Turi has died and this criminal revision application is abated with respect to the deceased petitioner No.1 Mantu Turi, whose name has been deleted and the rest of the remaining petitioners have been renumbered as 1, 2 and 3. 19. Rest of the petitioners No.1, 2 and 3 namely Paltan Turi, Anil Turi and Ganesh Murmu have been found guilty and convicted for the offences punishable under Sections 341, 342, 500, 506 and 34 of Indian Penal Code and they were sentenced to undergo R.I. for six months for the offences punishable under Sections 342, 500 and 506 of Indian Penal Code and R.I. for one Month for the offence punishable under Sections 341 of Indian Penal Code and further R.I. for three months under Section 3 and R.I. for six months under Section 4 of the Prevention of Witch (Daain) Practices Act, 1999. Since the petitioners do not argue on the point of Judgment of conviction and therefore in the light of the submissions advanced on behalf of the parties, the impugned judgment of conviction passed by learned trial court and affirmed by the learned Appellate Court below passed against the petitioners in C.P. Case No.302 of 2003, T.R. No.832 of 2008 vide order dated 17th September 2008 passed by learned Judicial Magistrate, 1st Class, Dhanbad and the judgment dated 13th February 2009 passed by learned Sessions Judge, Dhanbad in Cr. Appeal No.282 of 2008 are hereby upheld. 20. So far as sentence is concerned, it is found that the case is of the year 2003 and all the surviving petitioners have been suffering with trauma and miseries of the criminal prosecution for a long period of time. Appeal No.282 of 2008 are hereby upheld. 20. So far as sentence is concerned, it is found that the case is of the year 2003 and all the surviving petitioners have been suffering with trauma and miseries of the criminal prosecution for a long period of time. Therefore, it is found just and fair that no useful purpose would be served to send the petitioners again in jail and the purpose of justice would be meted out, if the order of sentence passed by the learned courts below is modified suitably. 21. Accordingly, the order of sentence passed by the learned Judicial Magistrate, 1st Class, Dhanbad dated 17.09.2018 in C.P. Case No.302 of 2003 (T.R. No.832 of 2008) and modified by the learned Sessions Judge, Dhanbad dated 13.02.2009 in Cr. Appeal No.282 of 2008 are set-aside. 22. And the order of sentence is modified and altered for the term of period already undergone by surviving petitioners as stated above and further surviving petitioners are sentenced to pay a fine to a sum of Rs.6,000/- collectively under all the heads /counts by way of compensation in order to give to the legal heirs of the complainant CW-5 Lakhoni Soren, who is said to have died, and in default of payment of fine, all the three surviving petitioners are directed to serve the sentence as awarded by the learned Appellate Court vide order dated 13th February 2009. 23. Since, the three surviving petitioners are on bail and, therefore, a period of four months’ time is given to them from today to make payment of fine of Rs. 6,000/-(Rupees Six Thousand Only) by the surviving petitioners collectively by way of compensation in order to give it to the legal heirs of the complainant CW-5 Lakhoni Soren. 24. In case of the default of payment of fine amount of Rs. 6,000/- (Rs. Six Thousand Only) by the surviving petitioners collectively by way of compensation in order to give it to the legal heirs of the complainant CW-5 Lakhoni Soren so awarded by this Court within the stipulated period of time, they shall undergo the sentence of imprisonment as awarded by the learned Appellate Court. 25. 6,000/- (Rs. Six Thousand Only) by the surviving petitioners collectively by way of compensation in order to give it to the legal heirs of the complainant CW-5 Lakhoni Soren so awarded by this Court within the stipulated period of time, they shall undergo the sentence of imprisonment as awarded by the learned Appellate Court. 25. The learned trial court is directed to ensure that the said fine amount be deposited within the stipulated period of time and if the same is not deposited by the petitioners, they will serve the sentence as awarded in case of default of payment of fine so awarded by taking all necessary measures as per the provisions of law to ensure that the petitioners serve the sentence of imprisonment in case of default of payment of fine. 26. The petitioners may be allowed to deposit the said fine amount through the Nazarat of the concerned Civil Court. At the moment, they deposit the fine amount, they (the Petitioners) shall be released and /or discharged from the criminal liablities forthwith on deposit of the 1 said fine amount and they shall also be discharged from the liabilities of bail bonds accordingly. 27. The learned court below is also directed that on deposit of the said fine amount by the petitioners, the notice shall be sent to the legal heirs of the complainant CW-5 Lakhoni Soren and on his appearance, the said fine amount, if so deposited by the petitioners, shall be disbursed to him. 28. In case, if the legal heirs of the complainant CW-5 Lakhoni Soren is not traceable or not available or not found or does not appear before the Court after the notice, the same shall be disbursed to the close or near relatives of the deceased CW5 Lakhoni Soren as the concerned learned trial court may deem fit and proper, and in this regard the court concerned may also involve the Para Legal Volunteer (PLV) of District Legal services Authority (DLSA), Dhanbad, if required. 29. Let a copy of the judgment be sent to the learned court below along with the Lower Court Records for its compliance in letters and spirit.