Panna Lal vs State
2021 Latest Caselaw 18328 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 1001/2016

Panna Lal S/o Shri Magha Ram, by caste Meghwal, Aged about 20 years, r/o Loonch, Tehsil Ratangarh, Distt. Churu. (Sub Jail- Ratangarh)

----Appellant

Versus

The State Of Rajasthan

----Respondent

For Appellant(s) : Mr. Vipin Makkad For Respondent(s) : Mr. Sudheer Tak, Public Prosecutor

HON'BLE MR. JUSTICE RAMESHWAR VYAS Judgment

2nd December, 2021

The instant criminal appeal has been preferred under

Section 374 Cr.P.C. against the judgment dated 22.9.2016 passed

by the learned Additional Sessions Judge, Ratangarh, District

Churu in Sessions Case No.14/2014, whereby appellant was

convicted and sentenced as under:-

Offence for which convicted Sentence awarded Section 307 IPC Ten years imprisonment and a fine of Rs.5,000/-, in default of payment of fine to further undergo two months imprisonment Section 4/25 of Arms Act One year imprisonment and a fine of Rs.500/-, in default of payment of fine to further under five days imprisonment

Without challenging the judgment of conviction of the

appellant, learned counsel for the appellant has submitted that

since the appellant has served more than eight years of

imprisonment, hence, the sentence awarded to the appellant by

the trial court may be reduced from ten years to the period

already undergone by the appellant.

(2 of 2) [CRLA-1001/2016]

Learned Public Prosecutor has opposed the prayer

made by the learned counsel for the appellant.

Heard the learned counsel for the parties and perused

the record.

From the perusal of the record, it reveals that one stab

injury was caused by the appellant to the injured. Appellant has

served more than eight years of imprisonment. Appellant was

below 21 years of age at the time of incident and he was not

previous convict at that time.

In the above circumstances, while affirming the

judgment dated 22.9.2016 passed by the trial court qua conviction

of the appellant for the offences under Section 307 IPC and

Section 4/25 of Arms Act, the same is modified to the extent that

the sentence of imprisonment awarded by the trial court is

reduced from ten years to eight years with fine of Rs.5,000/- as

awarded by the trial court. In default of payment of fine, appellant

shall further undergo two months imprisonment as awarded by

the trial court. Sentence of one year imprisonment for offence

under Section 4/25 of Arms Act and fine of Rs.5,00/- with default

clause of five days additional imprisonment, is maintained. Both

the sentences are ordered to run concurrently.

Accordingly, the appeal is partly allowed in above

terms.

(RAMESHWAR VYAS),J

1-Mak/-

Powered by TCPDF (www.tcpdf.org)