IMPORTANT POINT
Appeal should not be dismissed even summarily without giving reasons.

Judgment :-

Dipak Misra, J.

Leave granted.

2. The present appeal by special leave is directed against the judgment of conviction and order of sentence passed by the High Court of Chattisgarh at Bilaspur in Criminal Appeal No. 639 of 2009 whereby the High Court affirmed the conviction of the appellant for offences punishable under Sections 147 and 327/149 of the Indian Penal Code (for short “the I.P.C.”), but reduced the sentence from three years rigorous imprisonment on the second score to one year and maintained the sentence of rigorous imprisonment for three months in respect of the offence on the first score i.e. Section 147, I.P.C. Be it noted, both the sentences were directed to be concurrent.

3. The facts as has been exposited are that on the basis of an F.I.R. lodged by the informant, Aarif Hussain, PW-10, at 11.50 P.M. on 16.4.2008 alleging that about 10.00 P.M. when he was going towards Telibandha P.S., the accused persons met him near Telibandha chowk and demanded Rs.500/- for liquor and on his refusal they took him towards Awanti Vihar railway crossing in an auto rickshaw and assaulted him, Crime Case No. 129/2008 was registered under Sections 327, 366 and 323 read with Section 34 of the I.P.C. at the concerned police station. After the criminal law was set in motion, said Aarif Hussain was medically examined by Dr. Vishwanath Ram Bhagat, PW-1, and as per the injury report, Exhbt. P-1, he had sustained four injuries on his person. The investigating officer, after completing the investigation, placed the charge sheet on 6.8.2008 against the accused persons for offences punishable under Sections 147, 327, 364-A, 323 and 34 of the I.P.C. before the learned trial Magistrate who committed the matter to the court of Sessions.

4. The learned Additional Sessions Judge, considering the material on record, framed charges for offences punishable under Sections 148, 329/149 and 364/149 of the I.P.C.

5. The accused persons abjured their guilt and pleaded false implication in the crime in question.

6. The prosecution, in order to substantiate its stand, examined eleven witnesses and exhibited number of documents. The defence, in support of its plea, chose not to adduce any evidence.

7. The learned trial judge, on the basis of the ocular and documentary evidence brought on record, came to hold that the accused persons were not guilty of the offences under Sections 148, 329/149 and 364/149 of the I.P.C. but found them guilty for the offences as mentioned earlier and sentenced them as has been stated hereinbefore.

8. Being aggrieved by the aforesaid decision of conviction and order of sentence, the accused-appellant preferred Criminal Appeal No. 639 of 2009. Before the High Court, the learned counsel for the appellants did not press the appeal as far as the conviction aspect is concerned and confined the submissions as regards the imposition of sentence highlighting certain mitigating circumstances.

9. At this juncture, we think it seemly to reproduce what the learned single Judge has recorded about the submission of the learned counsel for the accused-appellants: -

“Learned counsel appearing for the appellants submits that he is not pressing this appeal as far as it relates to conviction part of the impugned judgment and would confine his argument to the sentence part thereof only. He submits that the incident had taken place more than four years back, there was no premeditation and on the spur of moment the incident had taken place, appellant Nos. 1, 4 & 5 have already remained in jail for 23 days and appellant No. 2 for 166 days whereas appellant No. 3 is in jail for last about 18 months, all the appellants are young boys having no criminal antecedents against them, therefore, the sentence imposed on them may be reduced to the period already undergone by them.”

10. Be it noted, the learned counsel for the State resisted the aforesaid submission and contended that regard being had to the gravity of the offence, no leniency s