Rajasthan High Court - Jodhpur
Chhagan And Ors vs State on 27 April, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 332/1994
Chhagan And Ors.
----Appellant
Versus
State of Rajasthan
----Respondent
For Appellant(s) : Ms. Sapna Vaishnav, Amicus Curiae
For Respondent(s) : Mr. SS Rajpurohit, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
27/04/2022
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. Ms. Sapna Vaishnav, Advocate is appointed as Amicus Curiae
to argue the matter on behalf of the accused-appellants under the
free legal aid scheme of RSLSA. Her remuneration shall be paid by
the Rajasthan State Legal Services Authority as per the rules.
3. Learned Public Prosecutor informs that Chhagan (appellant
No.1) & Mangi Lal (appellant No.4) have expired. The appeal to
the extent it relates to Chhagan & Mangi Lal stands abated. The
present appeal now survives only against appellants No.2 & 3, as
stated to be alive.
4. This criminal appeal under Section 374(2) 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 from
all the charges leveled against them."
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(2 of 3) [CRLA-332/1994]
5. The matter pertains to an incident which occurred in the year
1988 and the present appeal has been pending since the year
1994.
6. Learned counsel for the appellants submits that this Criminal
Appeal has been preferred against the impugned judgment dated
29.06.1994, passed by the learned Special Judge & Additional
Sessions Judge, Pratapgarh in Sessions Case No. 149/92 (77/88)
whereby the appellants were convicted for the offences under
Sections 323 & 325/34 IPC and sentenced as under:-
323 IPC : 06 months R.I. and a fine of Rs.1000/-
in default of payment of fine to
further undergo 01 month S.I.
325/34 IPC : 03 years R.I. and a fine of Rs.3000/-
in default of payment of fine to
further undergo three months S.I.
7. 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 15.07.1994 passed in S.B.
Criminal Misc. Bail Application No.337/1994.
8. 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.
9. Learned Public Prosecutor opposes the same.
10. 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:-
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(3 of 3) [CRLA-332/1994]
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
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..."
11. 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 323 &
325/34 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.
12. All pending applications stand disposed of. Record of the
learned court below be sent back forthwith.
(DR.PUSHPENDRA SINGH BHATI), J.
39-nirmala/-
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