Rajasthan High Court - Jodhpur
Hanuman Prasad vs State Of Rajasthan on 16 May, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLA-424/1993]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 424/1993
Hanuman Prasad
----Appellant
Versus
State Of Rajasthan
----Respondent
For Appellant(s) : Ms. Sapna Vaishnav, Amicus Curiae
For Respondent(s) : Mr. AR Choudhary, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
16/05/2022
1. 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
kindly be allowed and the accused appellant may be acquitted
of all the charges levelled against him. "
2. The matter pertains to an incident which occurred in the year
1990 and the present appeal has been pending since the year
1993.
3. Learned counsel for the appellant submits that this Criminal
Appeal has been preferred against the impugned judgment dated
12.10.1993, passed by the learned Additional Sessions Judge,
Churu in Sessions Case No.87/92 whereby the appellant was
convicted for the offences under Sections 325 of IPC and
sentenced to undergo six years R.I. and a fine of Rs. 2000/-, in
default of payment of which he was ordered to further undergo six
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months' S.I. and under Section 27 of the Indian Arms Act, the
appellant was convicted and sentenced to undergo three years
R.I. and a fine of Rs. 500/-, in default of payment of which he was
ordered to further undergo one month' S.I.
4. 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 18.11.1993 passed in S.B.
Criminal Misc. Bail (SOS) No.414/1993.
5. 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.
6. Learned Public Prosecutor opposes the same.
7. While perusing the testimony of PW-14 Dr. H.M. Khan, it is
made clear that it was only one head injury that lead to death of
deceased-victim, which was caused by a blunt weapon, and that,
all the other injuries were simple in nature.
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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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 27 of the Indian Arms Act
& Section 325 of 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.
38-Sudheer/-
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