Rajasthan High Court - Jodhpur
Mangi Lal vs State on 7 July, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 389/1994
Mangi Lal
----Appellant
Versus
State
----Respondent
For Appellant(s) : Mr. N.K. Rastogi
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
07/07/2022
1. This criminal appeal under Section 374(2) Cr.P.C. has been
preferred claiming the following reliefs:
"It is, therefore, prayed that the appeal may kindly be allowed
and the appellant be acquitted and the sentence passed against
the appellant be set aside. In the alternative it is also prayed that
if the Hon`ble Court finds the appellant guilty of the offence, then
the case does not travel beyond Section 308 IPC and in that
condition the appellant may kindly be granted benefit of
probation of Offenders Act."
2. The matter pertains to an incident which occurred in the year
1992 and the present appeal is pending since 1994.
3. This Criminal Appeal has been preferred against the
impugned judgment dated 29.07.1994 passed by learned
Additional Sessions Judge No.1, Chittorgarh in Sessions Case
No.23/93 whereby the appellant was convicted for the offence
under Section 307 IPC and sentenced to undergo two years' R.I.
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with a fine of Rs.500/-, in default of fine, to further undergo three
months R.I.
4. Counsel for the appellant submits that its a case of solitary
injury. There was no intention to cause murder or fatal injury. No
blood-stains were found on the knife nor at the place of
occurrence. More so, the knife was recovered after two months of
the incident and was not produced before court. The witness of
recovery turned hostile. 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 awarded to the appellant was suspended by this Hon'ble
Court, vide order dated 12.08.1994 passed in S.B. Criminal Misc.
Bail Application (suspension of sentence) No.384/1994.
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:-
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-389/1994]
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 Section 307 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.
52-sanjay/-
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