Rajasthan High Court - Jodhpur
Dhunkal Ram And Ors vs State on 18 May, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLA-82/1995]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 82/1995
Dhunkal Ram And Ors.
----Appellant
Versus
State
----Respondent
For Appellant(s) : Mr. Shubham Modi (Amicus Curiae)
For Respondent(s) : Mr. Javed Gauri, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment
18/05/2022
1. The matter pertains to an incident which occurred in the year
1990 and the present appeal has been pending since the year
1995.
2. Learned counsel for the appellants submits that this Criminal
Appeal has been preferred against the impugned judgment dated
18.02.1995, passed by the learned Sessions Judge, Merta Camp
Parbatsar in Sessions Case No.57/90, whereby the appellants
were acquitted for the offences under Section 307, 307/149 IPC,
but were convicted for the offences under Sections 148, 326/149,
& 323/149 IPC and sentenced as under:
Section 148 IPC: One year's R.I. and a fine of Rs.100/- in default
of payment of which they were ordered to undergo further one
month's S.I. each.
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(2 of 3) [CRLA-82/1995]
Section 326/149(326) IPC: Two years' R.I. and a fine of Rs.100/-,
in default of payment of which they were ordered to undergo
further one month S.I. each.
Section 323/149 IPC: Six months' R.I. and a fine of Rs.50/- in
default of payment of which they were ordered to undergo further
fifteen days' S.I. each.
3. 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 01.03.1995 passed in S.B.
Criminal Misc. Bail Application No.74/95.
4. 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.
5. Learned Public Prosecutor opposes the same.
6. 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)
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(3 of 3) [CRLA-82/1995]
"...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..."
7. This Court takes note of the fact that the investigating officer
and one material witness was not examined and no independent
witness was examined. The prosecution has failed to prove that
the injuries were caused by the weapons recovered from the place
of incident. It is also not clear from the statement of witnesses
that who was carrying which weapons and who inflicted injuries.
And that no blood was found at the place of incident.
8. 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 Sections 148, 326,
326/149, 323/149 IPC, as above, the sentence awarded to them is
reduced to the period already undergone by them. The appellants
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.
24-Zeeshan
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