PAPPU Vs. STATE OF U.P.

JUDGEMENT

(1.) HAVING heard the learned Counsel for the parties, it transpires that the incident is of 7th October, 1994. The Appellant Pappu allegedly assailed the police constable by a razor which is used by the barbers and injured him. This incident occurred when the police constable tried to arrest him while he was making the obscene comments against the passer -by women at 9 pm on the day of incident. He was tried by the Additional Sessions Judge, Roorkee for the offence of Section 307, 294 and 324 Indian Penal Code, 1860 as well as Section 25/4 Arms Act. After conclusion of the trial, he was acquitted of charges for Section 307, 294 Indian Penal Code, 1860 and 25/4 Arms Act, while found guilty for the offence of Section 324 Indian Penal Code, 1860.

(2.) LEARNED Counsel for the Appellant has urged before this Court that Appellant is a poor tailor and in fact the local police personnel got their clothes stitched from him and in demand of remuneration, he was falsely implicated in the case. The incident is also 17 years old. So, taking all these circumstances into consideration, the Court may be pleased to leave him on the sentence of undergone and if deems necessary then the sentence of conviction can be converted into the sentence of fine. In this regard, he also relied upon a judgment of Hon'ble Apex Court in case of Ramdas v. State of Madhya Pradesh : (2009) 4 SCC 57, wherein the accused was tried for the offence of Section 307, 324 and 326 Indian Penal Code, 1860, but found guilty of Section 307 Indian Penal Code, 1860. In that case also the accused was being prosecuted for more than 14 years in various courts and the Hon'ble supreme Court, observing that the accused has undergone mental agony and financial sufferings, found it appropriate to release him on the sentence of undergone only.

(3.) WITH the aforesaid observation, the criminal appeal is partly allowed. The impugned judgment and order is modified as above. Let copy of this judgment along with trial court record be sent to the court below for compliance.