The court emphasized the importance of adjusting sentences based on mitigating factors, allowing fines instead of imprisonment when appropriate, along with ensuring victim compensation.

JUDGMENT :

This appeal is directed against the judgment of conviction and order of sentence dated 29.06.2006 passed in Special Case No. 06 of 2003 arising out of P.C.R Case No. 541 of 2002 by the court of learned Special Judge-cum-1^st Additional Sessions Judge, Godda, whereby and where under the appellants have been convicted for the offence punishable under Section 323 I.P.C and under Section 3(1)(x) and 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and have been sentenced to undergo R.I. for 1 year with a fine of Rs.200/- each and a default sentence of imprisonment for a period of 7 days u/s 3(1)(x) of the SC/ST Act, 1989; R.I. for 1 year with a fine of Rs.200/- each and a default sentence of imprisonment for a period of 7 days u/s 3(1)(xi) of the SC/ST Act, 1989 and S.I. for 3 months u/s 323 IPC. All the sentences were directed to run concurrently.

2. Learned counsel for the appellants, at the outset, has informed that the appellant no.1 Khirod Mandal has died during pending of this appeal and, therefore, it is prayed that the instant criminal appeal be abated with respect to the deceased appellant no.1 Khirod Mandal and let his name be deleted from the array of parties in the cause title of the memo of appeal.

3. Learned A.P.P. appearing on behalf of the State is present and filed a counter affidavit on behalf of the State stating therein that the appellant no.1 Khirod Mandal has died on 28.11.2020 during pending of this appeal and a detail report to that effect has also been received from the Officer-in-Charge of the Godda (Muffasil) Police Station dated 22.09.2022, which is annexed as Annexure-A series to the instant affidavit.

4. From perusal of the report (Annexure-A series) it is found that appellant no.1 Khirod Mandal S/o Late Nathu Mandal resident of Bishunpur, P.S. Godda, District – Godda has died and to that effect a death certificate has been issued by the Mukhia of Ghat Manjwara Gram Panchayat, Block and District-Godda by which it appears that the appellant Khirod Mandal has died on 28.11.2020. Rests of the appellants are alive.

5. In view of the submission advanced on behalf of the parties, since the appellant no.1 Khirod Mandal has died during pending of this appeal and no close relatives or legal heirs have come forward to pursue the appeal on behalf of the deceased appellant, this appeal is abated as respect to the appellant no.1 Khirod Mandal. Let his name be deleted from the cause title of the memo of appeal and rest of the appellants be renumbered.

6. The prosecution case arose in the wake of the complaint of the complainant Hirday Mirdha being Complaint Case No. 541 of 2002, stating therein as under:

On 08.09.2002 at about 9 P.M. the complainant heard hulla in the house of brother Jagdeo Mirdha and approached there immediately and saw that all the accused persons namely Khirod Mandal (since deceased), Arun Mandal, Hero Mandal , Kamlesh Mandal and Sidash Mandal were beating Jagdeo Mirdha and when the complainant asked them about the cause of occurrence, he was surrounded by the accused person and was assaulted by them by a "khanti’ on his head and also by "lathi’. It is further alleged that when the complainant‟s brother Sukhdeo Mirdha, his mother Most. Tetri and niece Champa came to save his life, then the accused Sidhash Mandal caught the hair of Champa Devi and dragged her. The accused Arun Mandal called him “Sala Dom” saying that his house will be set on fire and his whole family will be burnt to ashes.