Rajasthan High Court - Jodhpur
Shankar Lal And Ors vs State on 5 July, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLR-431/2002]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 431/2002
Shankar Lal And Ors.
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Chakravarti Singh Rathore
For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment
05/07/2022
1. Counsel for the petitioner submits that the allegation is
within the family as the accused persons are son and wife.
2. The matter pertains to an incident which occurred in the year
1989 and the present criminal revision has been pending since the
year 2002.
3. This criminal revision petition under Section 397 read with
Section 401 Cr.P.C. has been preferred against the judgment
dated 17.06.2002 passed by learned Additional Sessions Judge,
Nathdwara in Criminal Appeal No.42/2000, whereby the judgment
dated 10.03.2000 passed by the learned Chief Judicial Magistrate,
Rajsamand in Regular Criminal Case No.95/1999, convicting the
revisionist-petitioners was upheld. The petitioners were convicted
and sentenced as under:-
Shankar Lal:
(a) 326 IPC: 03 years' R.I. and a fine of Rs.1000/- in
default of payment of fine to further undergo 01 month's S.I.
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(b) 323 IPC: 06 months' S.I. and a fine of Rs.500/- in
default of payment of fine to further undergo 15 days' S.I.
Tulsi Ram & Smt. Bhagwati
(a) 326 read with 34 IPC: 03 years' R.I. and a fine of
Rs.1000/- in default of payment of fine to further undergo
one month's S.I.
(b) 323 IPC: 06 months' S.I. and a fine of Rs.500/- in
default of payment of fine to further undergo 15 days' S.I.
4. Learned counsel for the revisionist-petitioner further submits
that the sentence so awarded to the revisionist-petitioners was
suspended by this Hon'ble Court, vide order dated 23.07.2002
passed in S.B. Criminal Application for Suspension of Sentence
No.71/2002.
5. Learned counsel for the revisionist-petitioners, however,
makes a limited submission that without making any interference
on merits/conviction, the sentence awarded to the present
revisionist-petitioners may be substituted with the period of
sentence already undergone by them.
6. Learned Public Prosecutor opposes the same.
7. 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
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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..."
8. In light of the limited prayer made on behalf of the
petitioners, and keeping in mind the aforementioned precedent
laws, the present petition is partly allowed. Accordingly, while
maintaining the conviction of the petitioners for the offence under
Sections 326, 326/34 & 323 IPC, the sentence awarded to them is
reduced to the period already undergone by them. The petitioners
are on bail. They need not surrender. Their bail bonds stand
discharged accordingly.
9. All pending applications stand disposed of. Record of the
learned court below be sent back forthwith.
(DR.PUSHPENDRA SINGH BHATI), J.
58-nirmala/-
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