LAWS(MPH)-2016-4-2

ASHOK RANI Vs. RAGHVENDRA AND ORS.

Decided On April 04, 2016
ASHOK RANI Appellant
V/S
Raghvendra And Ors. Respondents

JUDGEMENT

(1.) This criminal revision for enhancement of sentence has been filed on behalf of victim/first informant Ashok Rani (hereinafter referred to in this order as "the victim"). It is directed against the sentence dated 12 -01 -2015 imposed by Special Judge, under (Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Sagar, in Special Sessions Trial No. 184/2009, whereby though respondents/accused persons Ragvendra, Arvind and Bhoopendra (hereinafter referred to in this order as "the convicts") were sentenced to only for a period already undergone by them in custody and a fine in the sum of Rs. 1000/ - each with a direction for rigorous imprisonment for a period of one month in case of default of payment of fine, under Sec. 324 read with 34 of the Indian Penal Code.

(2.) The facts necessary for disposal of this criminal revision may be summarized as hereunder: Respondents/accused persons Ragvendra @ Bade Bhaiya, Arvind @ Manjhle Bhaiya and Bhoopendra @ Halke Bhaiya Thakur were tried in the Court of Special Judge, Sagar for offences punishable under Ss. 294, 324 read with Sec. 34 and 506 [Part - II] of the Indian Penal Code and Sec. 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989.

(3.) After trial, the convicts were acquitted of the charge under Ss. 294, 506 [Part II] of the Indian Penal Code and Sec. 3(1)(x) of the aforesaid Act; however, they were convicted under Sec. 324 read with Sec. 34 of the Indian Penal Code and sentenced as stated above. It is pertinent to note here that period already undergone by the convicts in custody during pendency of investigation, inquiry and trial was mere 2 days.