STATE Vs. UPENDRA CH. BHOUMIK AND ANR.

JUDGEMENT

(1.) THIS is a petition by the State of Orissa for enhancement of the sentence passed on the opposite parties for their conviction under Sections 148 and 426, Indian Penal Code.

(2.) ONE S. Ahmad, a job -clerk in Rourkela lodged an F.I.R. at the Rourkela township police station wherein he alleged that the opposite parties and several others numbering about 150, formed an unlawful assembly and committed mischief in respect of some of his properties. After investigation charge -sheet was submitted against the opposite parties along with others for offences under Section 148 and 426, Indian Penal Code. In answer to the charge, the accused -opposite parties admitted their guilt and were sentenced to pay a fine of Rs. 40 - each under Section 148. No separate sentence was awarded under Section 426, Indian Penal Code. The other accused persons denied the charge and were separately tried. In the present case, however, we are not concerned with them or the merits of the case so far as they are concerned.

(3.) IN a case Bedraj v. State of Uttar Pradesh : A.I.R. 1955 S.C. 778 it was held that in a matter of enhancement of sentence, there should not be any interference, unless the sentence passed is manifestly inadequate. The same view has also been expressed in a case Alam Giri and Anr. v. State of Bihar, A.I.R. 1859 S.C. 436, where it was observed that the question of sentence is normally in the discretion of the trial Judge. It is for the trial judge to take into account all the relevant circumstances and decide what sentence would meet the ends of justice in a given case, and though the High Court has jurisdiction to enhance the sentence such jurisdiction can be properly exercised only if the High Court is satisfied that the sentence imposed by the trial judge is unduly lenient, or that in passing the order of sentence the trial judge has manifestly failed to consider the relevant facts. Thus, these are the circumstances which should be guiding factor in deciding whether in a particular case a sentence should be enhanced by the High Court.