Rajasthan High Court - Jodhpur
Madhoo vs State on 5 July, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLA-550/1999]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 550/1999
Madhoo
----Appellant
Versus
State of Rajasthan
----Respondent
For Appellant(s) : Mr. Chaitanya Gahlot
For Respondent(s) : Mr. Vikram Sharma, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment
05/07/2022
1. This criminal appeal under Section 374(2) Cr.P.C. has been
preferred claiming the following reliefs:
"It is, therefore, most humbly and respectfully prayed that this
appeal may be allowed, the judgment of conviction and order of
sentence dated 30.08.99 passed by the learned Additional
Sessions Judge, Gulabpura in Sessions Case No.11/98 -State Vs.
Madhoo, for the conviction under Section 307 and 451 of the IPC
be quashed and set aside, consequently acquitting the appellant
for the charges levelled against him."
2. The matter pertains to an incident which occurred in the year
1994 and the present appeal has been pending since the year
1999.
3. This Criminal Appeal has been preferred against the
impugned judgment dated 30.08.99 passed by the learned
Additional Sessions Judge, Gulabpura (Bhilwara) in Sessions Case
No.11/98 whereby the appellant was convicted for the offences
under Sections 307 & 451 of IPC and sentenced to undergo two
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(2 of 3) [CRLA-550/1999]
years' R.I. with a fine of Rs. 2000/- in default of payment of which
he was ordered further to undergo six months' imprisonment; and
three months' R.I. with a fine of Rs.300/- default of payment of
which he was ordered further to undergo two months'
imprisonment respectively.
4. Counsel for the appellant submits that a sudden altercation
took place between the parties when motor of well was being
repaired and a single blow was caused. Counsel for the appellant
has drawn attention of this Court to the sentencing part of the
judgment. Counsel for the appellant makes a limited submission
for let going of the appellant in undergone sentence.
5. Learned counsel for the appellant further submits that the
sentence so awarded to the appellant was however suspended by
this Hon'ble Court, vide order dated 17.09.1999 passed in S.B.
Criminal Misc. Bail Application (suspension of sentence)
No.386/1999.
6. Learned counsel for the appellant, however, makes a limited
submission that without making any interference on
merits/conviction, the sentence awarded to the present appellant
may be substituted with the period of sentence already undergone
by him.
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:-
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(3 of 3) [CRLA-550/1999]
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..."
9. In light of the limited prayer made on behalf of the appellant,
and keeping in mind the aforementioned precedent laws, the
present appeal is partly allowed. Accordingly, while maintaining
the appellant's conviction under Sections 307 & 451 IPC, as
above, the sentence awarded to him is reduced to the period
already undergone by him. The appellant is on bail. He need not
surrender. His 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.
53-nirmala/-
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