Rajasthan High Court - Jodhpur
Ameraram @ Amer vs State (2023:Rj-Jd:43746) on 14 December, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:43746]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 116/2003
Ameraram @ Amer S/o Shri Balaram Ji, B/c Bheel, R/o Badi
Bheel Basti, Chandpole, Jodhpur.
(Presently lodged in Central Jail, Jodhpur)
----Appellant
Versus
State of Rajasthan
----Respondent
For Appellant(s) : Ms. Laxmi Devi
Mr. Rajendra Charan
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
14/12/2023
Instant criminal appeal has been filed by the appellant
against the judgment dated 17.01.2003 passed by learned
Additional Sessions Judge (Fast Track), Jodhpur, in Sessions Case
No.105/2002 by which the learned Judge convicted and sentenced
the appellant as under :
Offence U/s 341 IPC: One month's S.I.
Offence U/s 323/34 IPC: Six months' S.I.
Offence U/s 324/34 IPC : One year's S.I. and a fine of
Rs.500/-, in default of payment of fine, to further undergo one
month's S.I.
Offence U/s 307 IPC : Seven years' R.I. and a fine of
Rs.2,000/-, in default of payment of fine, to further undergo three
months' R.I.
All the sentences were ordered to run concurrently.
Brief facts of the case are that on 08.07.2002,
complainant/injured Kishore gave a parcha bayan at Mahatma
Gandhi Hospital to the Police to the effect that on 08.07.2002 in
the evening at about 6 PM, when he was standing on the road
[2023:RJ-JD:43746] (2 of 3) [CRLA-116/2003]
near Majisa Kirana Store, Mata Ka Kund, accused persons
including the appellant came there and the appellant, who was
armed with knife, stabbed the complainant in his stomach and
other accused persons also started beating the complainant. On
this report, Police registered a case against the accused persons
for offences under Sections 341, 324, 323 IPC and started
investigation.
On completion of investigation, police filed challan against
the present appellant. Thereafter, the charges for offence under
Sections 341, 324/34, 323/34, 307 IPC 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 twelve witnesses in support of its case and also exhibited some
documents. 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 17.01.2003 convicted and sentenced
the appellant for the offences 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
since the occurrence is related to the year 2002 and the accused
appellant has so far suffered a sentence of about five years, two
months and three days, out of total sentence of seven years' R.I.,
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.
[2023:RJ-JD:43746] (3 of 3) [CRLA-116/2003]
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 2002 and,
the appellant has so far undergone a period of five years, two
months and three days incarceration, out of total sentence of seven
years' R.I., 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 a
considerable time, it will be just and proper if the sentence
awarded by the trial court for offence under Sections 341, 324/34,
323/34, 307 IPC is reduced to the period already undergone by
the appellant.
Accordingly, the appeal is partly allowed. While maintaining
the appellant's conviction and sentence for offence under Sections
341, 324/34, 323/34, 307 IPC, the sentence awarded to him is
hereby reduced to the period already undergone. The fine amount
is also hereby waived. The appellant is in jail. He may be released
forthwith if not required in any other case.
Record, if received, be sent back forthwith.
(MANOJ KUMAR GARG),J
121-MS/-
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