SUPREME COURT OF INDIA
ARIJIT PASAYAT,S.H. KAPADIA
STATE OF M.P. – Appellant
Versus
SALEEM @ CHAMARU – Respondent
Crl.A. No.-000822-000822 / 2005
13-07-2005
C. D. SINGHMOHAN PANDEY
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CASE NO.:
Appeal (crl.) 822 of 2005
PETITIONER:
State of Madhya Pradesh
RESPONDENT:
Saleem @ Chamaru and Anr.
DATE OF JUDGMENT: 13/07/2005
BENCH:
Arijit Pasayat & S.H. Kapadia
JUDGMENT:
JUDGMENT
ARIJIT PASAYAT, J.
Leave granted.
This is another sad example where a learned Single Judge, Madhya Pradesh
High Court, totally oblivious of the consequences has passed an order
directing reduction of the custodial sentence to the period already
undergone. We have come across a large number of such cases which have
been disposed of in very casual and mechanical manner with no trace of
application of mind regarding the question of sentence.
The respondents (hereinafter referred to as the ’accused’) faced trial for
commission of offences punishable under Sections 294, 307, 333, and 506
(II) of the Indian Penal Code, 1860 (in short the ’IPC’). Allegation was
that on 2.4.2002 around 9 P.M. at a public place near the bookstall on
platform nos. 2 & 3 of Harda Railway Station, they misbehaved and abused
constable complainant Umesh Singh in vulgar words. They committed criminal
intimidation by threatening to kill him. Accused Deepak alias Deepu was
charged for commission of offence punishable under Sections 307 and 333 IPC
for assaulting the complainant on the right side of his neck with sharp
edged weapon with the intention to kill him and also for deterring a public
servant from performing his public duty by voluntarily causing grievous
hurt with a sharp-edged weapon. Accused Salim @ Chamaru was charged under
Sections 333 and 307 with the aid of Section 34 IPC. Learned Third
Additional Sessions Judge, Hoshangabad found accused Salim @ chamaru guilty
of having committed offence punishable under Section 307 read with Section
34 IPC and Section 333 read with Section 34 IPC. He was sentenced to
undergo rigorous imprisonment for five years and four years respectively.
Fine of Rs. 1,000 was also imposed for the first named offence with default
stipulation and Rs. 250 for the second named offence with default
stipulation. Accused Deepak was found guilty of offences punishable under
Sections 307 and 330 IPC and was directed to undergo custodial sentence of
five and four years respectively with a fine of Rs. 1,000 and Rs. 500
respectively with default stipulation. The accused persons preferred
Criminal Appeal No. 267 of 2003. At the time of hearing of the appeal
learned counsel appearing for the accused person submitted that the fine
amounts had been deposited and since they had suffered custodial sentence
of nearly six months 23 days, leniency should be shown. It is to be noted
that the conviction was not challenged. The High Court found that the
accused persons are illiterate persons belonging to lower income group and
on consideration of the fact that at the time of commission of offence they
were of 23 years of age, the sentence of imprisonment deserved to be
reduced to the period already undergone. Appeal was accordingly disposed
of.
Learned counsel for the appellant-State submitted that the offences were
quite serious in nature and, therefore, the undeserved sympathy shown by
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the High Court and that too on clearly untenable grounds cannot be
maintained.
In response, learned counsel for the respondents submitted that the High
Court has taken note of the ground realities and the reasons indicated
justified reduction of sentence. It was further submitted that apart from
the reasons indicated other grounds were also pressed into service by the
accused persons to substantiate their prayer for reduction in sentence.
These have not been noted by the High Court.
Undue sympathy to impose inadequate sentence would do more harm to the
justice system to undermine the public confidence in the efficacy of law
and society could not long endure under such serious threats. It is,
therefore, the duty of every court to award proper sentence h