DHANANJAY DUTTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Learned counsel for the petitioner started his argument by making submission that petitioner wants to assail only order of sentence dtd. 8/6/2015 passed by learned Magistrate in G.R. Case No. 356 of 2012, whereby the petitioner has been sentenced to undergo R.I. for two months for the offence U/s 279 of I.P.C., R.I. for six months for the offence U/s 338 of I.P.C. and R.I. for one year alongwith fine of Rs.3,000.00 for the offence U/s 304(A) of I.P.C. and affirmed by the appellate court vide order dtd. 20/7/2015 in Criminal Appeal No.39 of 2015. He further submitted that petitioner is more than 50 years of age and has to look after his old parent, wife and children also and apart from petitioner, no one is available in the family to look after them. He further urged that petitioner has faced agony of criminal prosecution for more than 13 years. He further pointed out that petitioner is in judicial custody for 16 days in the present case and for ends of justice, sentence awarded to petitioner may be modified as 'already undergone".

(2.) Learned APP for the State submitted that there is concurrent finding of learned Magistrate as well as appellate court regarding guilt of the accused. There is no material available on record which could impel this Court to take a different view from that of the appellate court, as far as guilt of petitioner, is concerned. As far as, sentence part is concerned, learned APP objected the prayer of petitioner and submitted that sentence should be remained what has been awarded by the learned Magistrate and affirmed by the learned appellate court.

(3.) Heard and perused the materials available on record.