Rajasthan High Court - Jodhpur
Sanwal Ram And Ors vs State on 25 May, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLA-215/1992]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 215/1992
Sanwal Ram And Ors.
----Appellant
Versus
State
----Respondent
For Appellant(s) : Ms. Yogita Mohnani
For Respondent(s) : Mr. Javed Gauri, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
25/05/2022
1. This criminal appeal under Section 374 Cr.P.C. has been
preferred claiming the following reliefs:
"It is, therefore, prayed that this Hon'ble Court will be pleased
to send for the record of the lower court, peruse the same and
after perusal, quash the convictions and sentences passed
against the appellants or pass any other orders that this
Hon'ble Court deems fit and proper."
2. The matter pertains to an incident which occurred in the year
1984 and the present appeal has been pending since the year
1992.
3. Ms. Yogita Mohnani learned counsel appearing on behalf of
the appellants submits that this Criminal Appeal has been
preferred against the impugned judgment dated 21.05.1992
passed by the learned Special Judge, SC/ST (Prevention of
Atrocities Cases), Jodhpur in Sessions Case No.61/90, whereby
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the appellants were acquitted for the offences under Section 364
IPC , but were convicted for the offence under Sections 367 and
323 IPC and sentenced as under:- (Sentences will run
concurrently).
Section 367 IPC: Two years' R.I. and a fine of Rs.200/- in
default of payment of which they were ordered to undergo further
one month's R.I. (each).
Section 323 IPC: Six months' R.I. and a fine of Rs.200/- in
default of payment of which they were ordered to undergo further
fifteen days' R.I. (each).
4. Learned counsel further submits that the sentence so
awarded to the appellants was however suspended by this Hon'ble
Court, vide order dated 16.06.1992 passed in S.B. Criminal Misc.
Bail Petition No.272/92.
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 him.
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 appellant,
and keeping in mind the aforementioned precedent laws, the
present appeal is partly allowed. Accordingly, while maintaining
the appellants' conviction under Sections 367 & 323 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.
29-Zeeshan
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