Rajasthan High Court - Jodhpur
Moti Ram And Anr vs State on 23 May, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLA-305/1992]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 305/1992
Moti Ram And Anr.
----Appellant
Versus
State
----Respondent
For Appellant(s) : Mr. Rakesh Sharma
For Respondent(s) : Mr. SK Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
23/05/2022
1. This criminal appeal under Section 374 Cr.P.C. has been
preferred claiming the following reliefs:
"It is therefore prayed that the judgment of Special Judge
Schedule Caste and Tribe Jodhpur, dated 31.07.1992 be set-
aside and the appeal be allowed and the accused-appellant be
acquitted in the interest of justice."
2. The matter pertains to an incident which occurred in the year
1990 and the present appeal has been pending since the year
1992.
3. Learned counsel for the appellant submits that this Criminal
Appeal has been preferred against the impugned judgment dated
31.07.1992 passed by the learned Special Judge, Scheduled
Caste and Scheduled Tribe (Prevention of Atrocities) Cases
Jodhpur in Sessions Case No. 45/92 whereby the appellants Moti
Ram & Aja Ram were acquitted for the offences under Section
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307, 307/34 & 427 of IPC, but appellant Moti Ram was convicted
for the offence under Section 325 IPC and sentenced to undergo
one year's R.I. and a fine of Rs. 500/-, in default of payment of
which he was ordered to further undergo two months' R.I. and
under Section 447 IPC, the appellant Moti Ram was as convicted
and imposed a fine Rs.500/-, in default of payment of which he
was ordered to further undergo one months' R.I; and appellant
Aja Ram was convicted for the offence under Sections 325 & 447,
but has been given the benefit of Section 4 of Probation of
Offenders Act.
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 27.08.1992 passed in S.B.
Criminal Misc. Bail Suspension Petition No.345/1992.
5. 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.
6. Learned Public Prosecutor opposes the same.
7. 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
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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..."
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 conviction of appellant no.1 under Sections 325 &
447 IPC, as above, the sentence awarded to him is reduced to the
period already undergone by him. 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.
27-Sudheer/-
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