MEMORANDUM OF REVISION

IN THE HIGH COURT OF RANCHI

Criminal Revisional Jurisdiction

Criminal Application No. 398 of 2020

In the matter of the order of the Session Judge, Ranchi sentencing the opponent to 6
month's rigorous imprisonment, and a fine of ₹ 200 in case No. 487 of 2019

State of Tamil Nadu

at the instance of the District Superintendent of Police, Ranchi.

........Petitioner

Versus

Imran Khan
S/o Naseem Khan, aged 28 years, R/o Ranchi
......Opponent

The humble petition of Your Lordship's petitioner above-named most respectfully states:

1. The above-named opponent was arrested in Ranchi on a charge under sections 307
and 326, I.P.C. for an attempt to murder and causing grievous hurt by dangerous weapon.
He was prosecuted and tried in the Court of the Session in case No. 487 of 2019 of that
Court and the learned Sessions Judge was pleased to convict the accused and sentence
him to 6 month's rigorous imprisonment and to pay a fine of ₹200
2. While passing the final order of sentence after convicting the opponent, the learned
Judge remarked that he was pleased to take a lenient view of the offence taking into
consideration the youth of the opponent.
3. The learned Judge therefore passed a lenient sentence of 6 month's R.I. and a fine of ₹
200 on the opponent though the maximum sentence under Sections 307 and 326,1.P.C. is
imprisonment for life, or for 10 years. Though the prosecution prayed for deterrent
punishment on the ground that the injuries caused were of a very serious nature and that
the injuries were caused by a dangerous weapon during a communal riot. The learned
Judge turned down the prayer of the prosecution for a deterrent punishment and showed
leniency to the opponent by passing the order of sentence as stated above. Hereto
annexed and marked annexure ‘A' is the copy of the said order and judgment.

4. Being aggrieved by the said order, the petitioner prefers this application for
enhancement of sentence passed on the opponent by the learned Judge on the following
amongst other grounds:
(a) That the injuries caused by the opponent (accused) were several and of a very
serious nature;
(b) That the injuries were caused by a dangerous weapon, i.e., a dagger which was
possessed and carried by the accused when the possession and carrying of weapons
was banned by the order of the District Magistrate, Ranchi
(c) That the opponent (accused) is a member of a gang of rioters habitually engaged
in communal orgy and riots and has made an attempt to murder by causing grievous
hurt to the complainant intentionally in the furtherance and prosecution of the
common object of a riotous mob.
(d) That the punishment for the offences is life or ten year's imprisonment and fine.

Prayer
In these circumstances Your Lordships' humble petitioner prays that Your Lordships may
graciously be pleased:
(1) to enhance the sentence passed on the opponent by the learned sessions Judge in
case No. 487 of 2019 of his Court; and
 (2) to pass such other and further orders as Your Lordships may deem just, fit and
proper in the circumstances of the case.
(3) And for this act of kindness Your Lordships' Petitioner shall, as in duty bound,
ever pray.

Place- Ranchi, Jharkhand ..............................................

Date – 22 August, 2020 Signature of Supdt. of police

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Signature of advocate