Rajasthan High Court - Jodhpur
Pabuda And Ors vs State Of Rajasthan on 13 April, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 51/1992
Pabuda And Ors
----Appellant
Versus
State Of Rajasthan
----Respondent
For Appellant(s) : Mr. BS Rathore
For Respondent(s) : Mr. SK Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
13/04/2022
1. In the wake of instant surge in COVID - 19 cases and spread
of its highly infectious Omicron variant, abundant caution is being
maintained, while hearing the matters in the Court, for the safety
of all concerned.
2. This criminal appeal under Section 374 Cr.P.C. has been
preferred claiming the following reliefs:
"It is, therefore, respectfully prayed that this appeal
may kindly be allowed and the accused appellants may
be acquitted of all the charges levelled against them
and they be set at liberty."
3. The matter pertains to an incident which occurred in the year
1990 and the present appeal has been pending since the year
1992.
4. Learned counsel for the appellants submits that this Criminal
Appeal has been preferred against the impugned judgment dated
21.12.1991 passed by the learned Additional Sessions Judge,
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(2 of 3) [CRLA-51/1992]
No.2, Udaipur in Sessions Case No.51/90 whereby the appellants
were convicted for the offences under Sections 304 Part 2 IPC and
Section 304 Part 2 read with Section 34 IPC and sentenced to
undergo five years R.I. and a fine of Rs.100/- default of payment
of which they were ordered to further undergo one month R.I.
5. Learned counsel for the appellants submits that appellant
No.1 Pabuda has expired. The present appeal is surviving for
appellants No.2 (Munia) & 3 (Dharma) only, who have undergone
two years and four months of the sentence so awarded to them by
learned trial court vide the impugned order.
5. Learned counsel for the appellants further submits that the
sentence so awarded to the appellants was however suspended by
this Hon'ble Court, vide order dated 26.06.1992.
6. Learned counsel for the appellants, however, makes a limited
submission that without making any interference on
merits/conviction, the sentence awarded to the present appellants
may be substituted with the period of sentence already undergone
by them.
7. Learned Public Prosecutor opposes the same.
8. This Court is conscious of the judgments rendered in,
Alister Anthony Pareira Vs. State of Maharashtra (2012) 2
SCC 648 and Haripada Das Vs. State of W.B. (1998) 9 SCC
678 wherein the Hon'ble Apex Court observed as under:-
Alister Anthony Pareira (Supra)
"There is no straitjacket formula for sentencing an accused
on proof of crime. The courts have evolved certain
principles: twin objective of the sentencing policy is
deterrence and correction. What sentence would meet the
ends of justice depends on the facts and circumstances of
each case and the court must keep in mind the gravity of
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(3 of 3) [CRLA-51/1992]
the crime, motive for the crime, nature of the offence and all
other attendant circumstances."
Haripada Das (Supra)
"...considering the fact that the respondent had already
undergone detention for some period and the case is
pending for a pretty long time for which he had suffered
both financial hardship and mental agony and also
considering the fact that he had been released on bail as far
back as on 17-1-1986, we feel that the ends of justice will
be met in the facts of the case if the sentence is reduced to
the period already undergone..."
9. In light of the limited prayer made on behalf of the
appellants, and keeping in mind the aforementioned precedent
laws, the present appeal is partly allowed. Accordingly, while
maintaining the appellants' conviction under Sections 304 Part 2
IPC and Section 304 Part 2 read with Section 34 IPC, as above,
the sentence awarded to them is reduced to the period already
undergone by them. The appellants are on bail. They need not
surrender. Their bail bonds stand discharged accordingly.
10. All pending applications stand disposed of. Record of the
learned court below be sent back forthwith.
(DR.PUSHPENDRA SINGH BHATI), J.
13-nirmala/-
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