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Judgment
Matter was listed for consideration on the application for suspension of jail sentence filed vide I.A. No.5373/2019 as also on I.A. No.5374/2019, which is an application for dispensing with filing of vakalatnama.
Learned counsel for the applicant submits that vakalatnama has since been filed and consequently, I.A. No.5374/2019 stands disposed of.
Learned counsel for the applicant submits that instead of making submission on the application for suspension of jail sentence, he would make final submissions.
Considered.
Final submissions were made by both the counsels for the parties.
This criminal revision has been filed under Section 397 read with 401 of Cr.P.C. against the judgement passed by the 3rd Additional Sessions Judge to 1st Additional Sessions Judge, Jhabua on 04.06.2019 in Cr. A. No.07/2019, whereby judgement of conviction passed by the Chief Judicial Magistrate on 05.01.2019 passed in Criminal Case No.2143/2016 convicting the applicant under Section 332 of IPC has been affirmed however, the Appellate Court has reduced the quantum of jail sentence from 1 year RI to 6 months RI with no change in fine amount of Rs.500/- and in default to suffer additional 2 months RI.
Learned counsel for the applicant does not seek to challenge the order of conviction but seeks to make submissions only on the quantum of sentence. He submits that applicant is a young person who has recently got employment and he is required to join and if he remains in jail for further period, then his appointment would be jeopardized.
As per the prosecution story, on 06.10.2016, the applicant had thrown stones at train No.19024. When the complainant employed in RPF stopped him from doing so, applicant threw stones at the complainant resulting in injuries to the complainant. One abrasion has been found on the person of the complainant. FIR was lodged and charge-sheet was filed under Sections 323, 332 and 353 of IPC and after trial, as already stated, learned Trial Court has convicted and sentenced the applicant and the conviction has been affirmed by the Appellate Court.
Learned counsel for the applicant submits that applicant is in jail since last one month and has been sent to jail on 17.07.2019 and this period be considered to be sufficient jail sentence. The appointment letter of the applicant is placed on record. He further submits that as such offence under Section 332 of IPC is punishable with either fine or imprisonment and jail sentence is not compulsory.
In view of the overall circumstances and considering the impending employment of the applicant, ends of justice would be met if the period spent in jail is considered to be adequate jail sentence. Consequently, period undergone by the applicant in jail shall be the adequate jail sentence. However, fine amount is enhanced from Rs.500/- to Rs.5,000/- out of which Rs.4,000/-shall be paid to the injured person. On failure to pay the fine amount of Rs.5,000/- (Rs.500/- if already paid is included) by the applicant, he shall be required to undergo imprisonment of 2 months RI in default.
With the aforesaid modifications in the quantum of sentence, this revision application stands disposed of, in above terms. The order pertaining to property passed by the Courts below stands affirmed.
A copy of this order along with original record be sent to the Trial Court for due compliance with a copy thereof be sent to the District Jail, Jhabua.
Certified copy, as per rules.