Kanhaiya Lal vs State (2023:Rj-Jd:43064)
2023 Latest Caselaw 10562 Raj

Citation : 2023 Latest Caselaw 10562 Raj
Judgement Date : 11 December, 2023

Rajasthan High Court - Jodhpur

Kanhaiya Lal vs State (2023:Rj-Jd:43064) on 11 December, 2023

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2023:RJ-JD:43064]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
             S.B. Criminal Revision Petition No. 334/1996

Kanhaiya Lal S/o Heera Ji, B/c Dangi, R/o Bicchiwara, Tehsil
Jhadol, District Udaipur (Raj.)
                          (At present lodged in Central Jail, Udaipur)
                                                                   ----Petitioner
                                    Versus
State of Rajasthan
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Pravin Vyas
                                Mr. Harshvardhan
For Respondent(s)         :     Mr. Mukesh Trivedi,



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

11/12/2023

Instant revision petition has been filed by the petitioner

challenging the judgment dated 13.08.1996 passed in Cr. Appeal

No.10/1995 by learned Special Judge, SC/ST (Prevention of

Atrocity Cases), Udaipur (hereinafter referred to as 'the appellate

court') by which the appellate court dismissed the appeal of the

petitioner and upheld the judgment dated 28.02.1995 passed by

learned Chief Judicial Magistrate, Udaipur in Criminal Case

No.200/1992, whereby, the learned trial court convicted and

sentenced the present petitioner as under :

Offence U/s 324 IPC : Three months' R.I. and a fine of Rs.200/-, in default of payment of fine, to further undergo seven days' additional imprisonment.

Offence U/s 326 IPC : One year's R.I. and a fine of Rs.1,000/-, in default of payment of fine, to further undergo one month's R.I.

[2023:RJ-JD:43064] (2 of 4) [CRLR-334/1996]

Brief facts of the case are that on 04.07.1991 complainant

Bhanwarlal submitted an oral report before PS Falasiya inter-alia

alleging therein that at about 8:00 AM when he was at home, his

nephew came and informed him that his elder brother Bherulal is

lying unconscious near Hindari. Upon which, the complainant

reached at the place of occurrence, where injured Bherulal stated

to him that accused Kanhaiylal had caused axe blow on his head

and wrist. On this report, Police registered a case against accused-

petitioner for offence under Sections 307, 326, 324 IPC and

started investigation.

After completion of investigation, the police filed challan

against the present petitioner. Thereafter, the trial court framed

charge against the petitioner for offence under Sections 326, 324

IPC, 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-petitioner under section 313 Cr.P.C was recorded. No

witness was examined in defence.

Upon conclusion of the trial, the learned trial court vide

impugned judgment dated 28.02.1995 convicted and sentenced

the accused-petitioner for the aforesaid offence.

Being aggrieved by his conviction and sentence, the

petitioner preferred an appeal before the learned appellate court,

which came to be dismissed vide judgment dated 13.08.1996.

Hence, this revision petition.

At the threshold, learned counsel for the petitioner does not

challenge the finding of conviction but it is submitted that the

occurrence relates back to year 1991 and the petitioner has so far

[2023:RJ-JD:43064] (3 of 4) [CRLR-334/1996]

suffered a sentence of more than one month, out of total sentence

of one year's R.I., therefore, it is prayed that the sentence

awarded to the petitioner for the aforesaid offences may be

reduced to the period already undergone by him.

On the other hand, learned Public Prosecutor opposed the

submissions made by the learned counsel for the accused-

petitioner and submitted that there is neither any occasion to

interfere with the sentence awarded to the accused petitioner 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 courts below regarding

conviction of the accused-petitioner.

Undisputedly, the incident relates back to the year 1991 and

the petitioner has so far undergone a period of more than one

month's in custody, out of one year of total sentence, so also

suffered the mental agony and trauma of protracted trial. Thus,

looking to the over-all circumstances and the fact that the

petitioner has remained behind the bars for considerable period, it

will be just and proper, if the sentence awarded by the trial court

for offence under Sections 324, 326 IPC and affirmed by the

appellate court is reduced to the period already undergone by the

petitioner.

Accordingly, the revision petition is partly allowed. While

maintaining the petitioner's conviction for offence under Sections

324, 326 IPC, the sentence awarded to him for the aforesaid

offences is hereby reduced to the period already undergone. The

fine amount has already been deposited. The petitioner is on bail.

He need not surrender. His bail bonds stand discharged.