Sukhbir and Ors. vs State of U.P.

K.D. Shahi, J.—The present appeal has been preferred by appellants, namely, Sukhbir, Jagdish, Shri Pal and Virendra against the judgment and order dated 9121980 passed by Sri K.K. Birla, the then 1st Additional Sessions Judge, Muzaffarnagar in Sessions Trial No. 16 of 1979 (State v. Sukhbir and others), whereby appellants Sukhbir and Jagdish have been convicted and sentenced to undergo one year R.I. and six months'' R.I. under Section 332, read with Section 34, I.P.C. and auction 225, I.P.C. respectively. Further appellants Shri Pal and Virendra have been convicted under Section 224, I.P.C. and sentenced each or them to imprisonment till the rising of the Court.

In brief the case of the prosecution is that on 1121980 one Jagannath Prasad lodged a report at police station Khandala, district Muzaffarnagar against accused Shri Pal and Virendra under Sections 452. 323 and 426, I.P.C. . The investigation of the case was entrusted to Sri Ved Pal Singh, S.I. (P.W. 1). On 1221978 as well at about 1.00p.m. S.I. Ved Pal Singh along with two other constables went to the house of accused Shri Pal and Virendra and arrested the accused persons. While he was taking both the accused persons to the police station, accused Sukhbir and Jagdish came along with Lathi and abused to S.I. Ved Pal Singh. They assaulted both the constables and got both the accused persons released. When the complainant wanted to interfere, Mahabir, Satya Pal, Jai Pal, Sukhbir and others started Marpeet. Shri Pal and Virendra were asked to run away and they ran away but accused Sukhbir and Jagdish were arrested. The case under Sections 333/224/225, I.P.C. was registered against the accused persons, namely, Sukhbir and Jagdish. S.I. Ved Pal Singh and other two constables were medically examined on 1221978. S.I. Ved Pal Singh has got 6 injuries and one liner abrasion. Constable Sri Ram has got 6 injuries and one abrasion. Constable Raj Singh has got 6 injuries and one abrasion. Accused Sukhbir and Jagdish had also suffered injuries and had got 8 and 6 injuries respectively on their person. After evidence, the learned Sessions Judge convicted and sentenced the appellants as said above, hence the instant appeal.

Sri P.M. Mishra, Seamed counsel appearing for the appellants started that appellants Shri Pal and Virendra were convicted under Section 224,1.P.C. and sentenced to imprisonment till the rising of the Court. They were detained in the Court and were released in the evening on the same day but for removal of the stigma of conviction, the appeal was filed against it otherwise they have satisfied their sentences. The appeal of Shri Pal and Virendra was, therefore, not pressed as having gone in fructuous for having satisfied the sentences awarded to them.

As regards the other two appellants, namely, Sukhbir and Jagdish, learned counsel for the appellants argued that these appellants have been convicted under Section 332, read with Section 34, l.P.C. and Section 225, I.P.C. The maximum punishment for offence under Section 332, read with Section 34, I.P.C. is three years'' or fine or with both and the maximum punishment for offence under Section 225, I.P.C. Part I is two years'' or fine or with both. It was argued that the offence is of 1978 and more than 21 years'' have passed. Both the parties have suffered a number of injuries, both the appellants were also beaten by the police side. It was argued that in the circumstances, as such punishment of fine shall be sufficient. The appellants have already undergone a few days in jail after arrest. A fine of Rs. 2,000,'' under Section 332, read with Section 34, I.P.C. and a fine of Rs. 1,()0()/under Section 225, I.P.C. to each of the appellants, namely, Sukhbir, Jagdish shall meet the ends of justice. As regards appellants Shri Pal and Virendra, their sentences stand satisfied and their appeal has become in fructuous and is decided as such. The appeal of Sukhbir and Jagdish is accordingly to be dismissed but on sentence, it is hereby directed that appellants Sukhbir and Jagdish each are sentenced to a fine of Rs. 2,000/ (rupees two thousand) under Section 332, read with Section 34, I.P.C. and a fine of Rs. 1,000/(rupees one thousand) under Section 225, I.P.C. In default of payment of fine, they shall undergo six months'' R.I. under Section 332, read with Section 34, I.P.C. and three months R.I. under Section 225, I.P.C. respectively. They (Sukhbir and Jagdish) are permitted to deposit the total amount of fine within a period of three months'' from today before the Chief Judicial Magistrate, Muzaffarnagar. The learned Sessions Judge. Muzaffarnagar is hereby directed that in default of payment of fine within the stipulated period, he should exercise his powers to take the above said appellants into custody forthwith to serve out the sentences as mentioned above.