Rajasthan High Court - Jodhpur
Radha Kishan vs State (2023:Rj-Jd:42372) on 6 December, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:42372]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 185/1997
Radha Kishan S/o Shri Shobha Ram, B/c Saad, R/o Dugoli, PS
Jayal, District Nagaur (Raj.)
----Appellant
Versus
State of Rajasthan
----Respondent
For Appellant(s) : Mr. GR Punia, Sr. Adv. assisted by
Mr. Rajesh Punia
For Respondent(s) : Mr. AR Choudhary, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
06/12/2023
Application (1/2023) for early listing of the case is allowed
for reasons stated therein.
The matter is being heard and decided today itself.
Instant criminal appeal has been filed by the appellant
against the judgment dated 04.04.1997 passed by learned Special
Judge, Special Court, SC/ST (Prevention of Atrocities) Act Cases,
Merta in Sessions Case No.5/95 by which the learned Judge
convicted and sentenced the appellant as under :
Offence U/s 3(1)(x) of SC/ST Act : Six months' R.I. and a fine
of Rs.500/-, in default of payment to further undergo 15 days' R.I.
Offence U/s 325 IPC : Six months' R.I. and a fine of Rs.500/-,
in default of payment to further undergo 15 days' R.I.
Offence U/s 323 IPC : Three months' R.I. and a fine of
Rs.100/-, in default of payment to further undergo 7 days' R.I.
Offence U/s 341 IPC : One month's R.I. and a fine of Rs.50/-, in
default of payment to further undergo 1 day's R.I.
[2023:RJ-JD:42372] (2 of 4) [CRLA-185/1997]
All the sentences were ordered to run concurrently.
Brief facts of the case are that SHO, PS Jayal, District
Nagaur, recorded a Parcha Bayan of complainant Bhanwaru Ram
on 29.09.1994 at Govt. Hospital, Jayal and on the basis of the said
parcha bayan, Police registered a case against the appellant and
started investigation.
According to the parcha bayan, on 29.09.1994 at about 8
PM, complainant Bhanwaru Ram, after completion of his work, was
going towards his house. On the way, accused appellant stopped
the complainant and insulted him by using caste oriented
language/ filthy language and thereafter inflicted a stick blow on
his left eye, due to which he fell down. Thereafter, the accused-
appellant inflicted repeated stick blows to the complainant. The
brother of the complainant came to his rescue and saved him.
On completion of investigation, police filed challan against
the present appellant for aforesaid offences. Thereafter, the
charges of the case were framed by the trial court against the
appellant, who pleaded not guilty and claimed trial.
During the course of trial, the prosecution examined as many
as seven witnesses in support of its case. Thereafter, statement of
the accused-appellant under section 313 Cr.P.C was recorded.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 04.04.1997 convicted and sentenced
the appellant for the offence under Section 3(1)(x) of SC/ST Act
and Sections 325, 323, 341 IPC as aforesaid. Hence, this criminal
appeal.
At the threshold, learned counsel for the accused-appellant
submits that he does not challenge the finding of conviction but
[2023:RJ-JD:42372] (3 of 4) [CRLA-185/1997]
since the occurrence is related to the year 1994 and the accused
appellant has remained in custody for quite some time, therefore,
it is prayed that the sentence awarded to the appellant for the
aforesaid offences may be reduced to the period already
undergone by him.
On the other hand, the learned Public Prosecutor opposed
the submissions made by the learned counsel for the appellant.
The learned PP submitted that there is neither any occasion to
interfere with the sentence awarded to the accused appellant nor
any compassion or sympathy is called for in the said case.
I have perused the evidence of the prosecution as well as
defence and the judgment passed by the trial court regarding
conviction of the accused-appellant.
Undisputedly, the occurrence relates back to year 1994 and,
the appellant has so far remained in custody for quite some period
and has also suffered the mental agony and trauma of protracted
trial. Thus, looking to the over-all circumstances and the fact that
the appellant has remained behind the bars for quite some time, it
will be just and proper if the sentence awarded by the trial court
for offence under Section 3(1)(x) of SC/ST Act and Sections 325,
323, 341 IPC is reduced to the period already undergone while
maintaining the amount of fine.
Accordingly, the appeal is partly allowed. While maintaining
the appellant's conviction and sentence for offence under Section
3(1)(x) of SC/ST Act and Sections 325, 323, 341 IPC, the
sentence awarded to him is reduced to the period already
undergone by him. The amount of fine is hereby maintained.
Three months' time is granted to deposit the fine amount before
[2023:RJ-JD:42372] (4 of 4) [CRLA-185/1997]
the trial court. In default of payment of fine, the appellant shall
undergo 15 days' R.I. The appellant is on bail. He need not
surrender. His bail bonds are discharged.
Record be sent back forthwith.
(MANOJ KUMAR GARG),J
99-MS/-
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