On the order dated 26th August 2020, Rameshwar was convicted for causing harm to the victim’s property by fire or explosive substance. He had applied an appeal at the High Court of Allahabad. Following the same, he was released and was directed to pay a sum of ₹2,000 to the victim and his family as a means of compensation.
Facts of the Case
Rameshwar (appellant), along with three others were initially the appellants of this present case. However, the other three, namely, Jhanjhan, Siya Charan, and Chandra Pal, had died during the pendency of the appeal. According to the order dated, 30th November 1989, Rameshwar was booked under the Section 436 (Mischief by fire or explosive substance with intent to destroy house, property, and etcetera) of IPC and was sentenced for one year of rigorous imprisonment by the Additional District and Sessions Judge – I.B. Singh at the Session Court of Moradabad. Following the same, he had spent about 15 days in prison and had applied an appeal in the High Court of Judicature at Allahabad under Section 374 (Appeals from Conviction) of CrPC.
Submissions filed by the Appellant
Learned counsel for the appellant had not challenged the trial’s court’s findings but had said that the punishment is reduced to the period already undergone as the incident had happened about 32 years ago. Also, if he is sent to jail in this stage, there’ll be no use of the punishment. Furthermore, he had mentioned that Rameshwar is ready to pay a reasonable sum of compensation to the injured and his family.
Submissions filed by the State
Learned Additional Government Advocate (AGA) had opposed the same because the given judgment was justly passed based on evidence and facts collected by the trial court. Nevertheless, he’d also expressed that if the sentence id reduced to the period undergone by Rameshwar then the victim must be given compensation as mentioned under Section 357 (Order to pay compensation) of CrPC.
Judgment
Given the above submissions, the bench of learned Judge Saurabh Shyam Shamshery had partly allowed the appeal and stated that the crime took place 32 years ago and Rameshwar had already undergone 15 days of the punishment, the court had reduced his period of imprisonment by the time already undergone.
Keeping the welfare of the victim in mind, the court had directed to pay a reasonable amount of compensation, i.e., Rs. 2000/- to the victim and his family or deposit before the court is concerned within four weeks from the date of this present order, as per the section aforementioned. If not, he shall serve the remaining period of the punishment as sentenced by the Session Court.
The judgement dated 30th November 1989 shall be modified to the extent that period of imprisonment is confined to the period already undergone, provided that Rameshwar shall pay Rs. 2000/- to the injured or his family.
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