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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