Ratnakar Paikray Vs. State of Orissa
EmailAppeal: Criminal Appeal No. 438 of 1996
Petitioner: Ratnakar Paikray
Respondent: State of Orissa
Apeal: Criminal Appeal No. 438 of 1996
Judges: N. Santosh Hegde & Doraiswamy Raju, JJ.
Date of Judgment: Jan 17, 2002
Head Note:
CRIMINAL LAW
Bihar and Orissa Excise Act, 1915
Section 47(a) – Sentence – Offence committed at age of 21 years – Accused under gone brain surgery – Suffering from infraction of thalamic region – Already undergone RI for 2 months. Held that considering the material, sentence reduced to period already undergone. (Para 4)
JUDGEMENT:
O R D E R
1. The appellant before us was convicted by the judicial magistrate Ist class, Bhubaneswar for an offence under section 47 (a) of the Bihar and Orissa Excise Act and was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500 and in default of payment of fine to undergo further rigorous imprisonment for six months. An appeal filed against the said order came to be dismissed by the additional sessions judge, Bhubaneswar, who confirmed the conviction made by the learned judicial magistrate but while so doing, the learned additional sessions judge came to the conclusion that in view of the age and possible reformation of the appellant, it is appropriate that the sentence of one year should be reduced to a period of three months RI. With this modification, the appeal came to be dismissed. The High Court on a further revision rejected the same. The appellant is before us against the said judgments of the courts below.
2. We have heard learned counsel for the parties and perused the record.
3. We are satisfied that the conviction, based on the findings of the courts below, cannot be disturbed by us because they are based on material on record. Accordingly, the appeal, to that extent, is dismissed.
4. However, it is argued by Mr. J.R. Das, learned counsel for the appellant that apart from the fact that the petitioner was 21 years old when the alleged offence took place, he has subsequently undergone a brain surgery and is now suffering from infraction in the thalamic region of brain. Hence, it is but appropriate that the sentence be reduced to the period already undergone by him. On consideration of all materials on record and the medical certificate produced before us and also the fact that the appellant has already undergone two months RI, we are satisfied that the sentenced imposed on him by the additional sessions judge be reduced to the period already undergone.
5. The appellant is on bail. His bail bond shall stand discharged.
6. With this modification, the appeal is partly allowed to the extent stated above.
1. The appellant before us was convicted by the judicial magistrate Ist class, Bhubaneswar for an offence under section 47 (a) of the Bihar and Orissa Excise Act and was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500 and in default of payment of fine to undergo further rigorous imprisonment for six months. An appeal filed against the said order came to be dismissed by the additional sessions judge, Bhubaneswar, who confirmed the conviction made by the learned judicial magistrate but while so doing, the learned additional sessions judge came to the conclusion that in view of the age and possible reformation of the appellant, it is appropriate that the sentence of one year should be reduced to a period of three months RI. With this modification, the appeal came to be dismissed. The High Court on a further revision rejected the same. The appellant is before us against the said judgments of the courts below.
2. We have heard learned counsel for the parties and perused the record.
3. We are satisfied that the conviction, based on the findings of the courts below, cannot be disturbed by us because they are based on material on record. Accordingly, the appeal, to that extent, is dismissed.
4. However, it is argued by Mr. J.R. Das, learned counsel for the appellant that apart from the fact that the petitioner was 21 years old when the alleged offence took place, he has subsequently undergone a brain surgery and is now suffering from infraction in the thalamic region of brain. Hence, it is but appropriate that the sentence be reduced to the period already undergone by him. On consideration of all materials on record and the medical certificate produced before us and also the fact that the appellant has already undergone two months RI, we are satisfied that the sentenced imposed on him by the additional sessions judge be reduced to the period already undergone.
5. The appellant is on bail. His bail bond shall stand discharged.
6. With this modification, the appeal is partly allowed to the extent stated above.
