Rajasthan High Court - Jodhpur
Sattar Khan And Anr vs State Of Rajasthan on 4 May, 2022
Bench: Pushpendra Singh Bhati
(1 of 4) [CRLA-295/1994]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 295/1994
Sattar Khan And Anr
----Appellant
Versus
State Of Rajasthan
----Respondent
For Appellant(s) : Mr. L.D. Khatri
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
04/05/2022
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 be
allowed and the judgment and order dated 17.6.94 passed by
the learned Sessions Judge, Jaisalmer in the Criminal Original
Case No.54/91 may kindly be set aside and the appellants
may be acquitted for the charges of under Section 326, 307
and 325 of IPC."
3. The matter pertains to an incident which occurred in the year
1989 and the present appeal has been pending since the year
1994.
4. Learned counsel for the appellants submits that this Criminal
Appeal has been preferred against the impugned judgment dated
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17.06.1994 passed by the learned District & Sessions Judge,
Jaisalmer in Criminal Original Case No.54/91 whereby the
appellant Sattar Khan was convicted for the offences under
Section 307 I.P.C. and in alternate under Section 326 IPC and
sentenced to undergo five years R.I. and a fine of Rs. 1,000/-, in
default of payment of which he was ordered to further undergo ½
years R.I; appellant Baraktulla Khan was convicted for the offence
under Section 325 IPC and sentenced to undergo one year R.I.
and a fine of RS.500, in default of payment of which, he was
ordered to further undergo three months R.I.
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 13.07.1994 passed in S.B.
Criminal Bail No.308/1994.
6. Learned counsel for the appellants submits that the
appellants and the complainant were neighbours in the village and
an altercation had happened between the parties at the night of
10.10.1989, when the complainant Ramdeen submitted a written
report that his family members were attacked by the present
appellants. Learned counsel further submits that there are no
repeat injuries, therefore, Section 307 is not made out. Learned
counsel also submits that it is a clear case of over implication as
the allegations were levelled against six persons. Learned counsel
further submits that there were contradictions in the witnesses as
the learned trial court examined 15 witnesses. Learned counsel
also submits that there was a delay in lodging the FIR and there
was a cross case also, which ultimately was proved. Learned
counsel further submits that the learned trial court reliance upon
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PW-1 Mehardeen and PW-6 Ramdeen, was not appropriate as they
were interested witnesses and were not actual eye-witnesses and
were continuously improvising their version. Learned counsel also
submits that the recovery of the weapons was not made by the
prosecution creating a doubt in the allegations.
7. 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.
8. Learned Public Prosecutor opposes the same.
9. 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
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..."
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10. This Court, after hearing learned counsel for the parties and
on conjoint reading of the depositions of PW-1 & PW-6, the non
recovery of the weapon; the injuries; the delay in lodging the FIR;
the cross FIR; the incident being alteration between two
neighbours on same dispute regarding the cattle, while not
interfering on merits, is inclined to reduce the sentence 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 Section 307 and in
alternate 326 and 325 IPC respectively, as above, the sentence
awarded to them is reduced to the period already undergone by
them, with the stipulation that they shall deposit the fine amount
to the tune of Rs.4000/- each (instead of fine amount of
Rs.2000/- each as ordered by the learned trial court). 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.
40-Zeeshan
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