Rajasthan High Court - Jodhpur
Heera Ram And Anr vs State (2023:Rj-Jd:41298) on 29 November, 2023
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2023:RJ-JD:41298]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 654/2004
1. Heera Ram S/o Basti Ram,
2. Mani Ram s/o Mana Ram,
Both B/c Bawri, R/o Arayan, Tehsil Shri Karanpur, Distt. Sri
Ganganagar.
(Presently lodged at Sub Jail, Sri Kaanpur)
----Petitioners
Versus
The State of Rajasthan
----Respondent
For Petitioner(s) : Mr. H.S.S. Kharlia
Dr. R.D.S. Kharlia
For Respondent(s) : Mr. A.R. Choudhary - PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
29/11/2023
1. The matter pertains to an incident which occurred in the year
1995 and the present criminal revision is pending since the year
2004.
2. This criminal revision petition under Section 397 read with
Section 401 Cr.P.C. has been preferred against the judgment
dated 02.09.2004 passed by learned Additional Sessions Judge,
Srikaranpur, District Sri Ganganagar in Criminal Appeal
No.25/2003, whereby the judgment dated 29.05.2003 passed by
the learned Additional Chief Judicial Magistrate, Srikaranpur,
district Sri Ganganagar in Criminal Case No.276/2001, convicting
the revisionist-petitioners was upheld. The petitioners were
convicted for the offence under Section 457 IPC and were
sentenced to undergo three years' rigorous imprisonment with a
[2023:RJ-JD:41298] (2 of 3) [CRLR-654/2004]
fine of Rs.1,000/- and in default of payment of which, they were
further ordered to undergo three months' simple imprisonment.
The petitioners were also convicted for the offence under Section
380 IPC and were sentenced to undergo two years' rigorous
imprisonment with a fine of Rs.500/- and in default of payment of
which, they were further ordered to undergo three months'
additional imprisonment.
3. Learned counsel for the revisionist-petitioners further
submits that the sentence so awarded to the revisionist-
petitioners was suspended by this Hon'ble Court, vide order dated
10.01.2005 passed in S.B. Criminal Misc. Bail Application
No.170/2004 in S.B. Criminal Revision No. 654/2004.
4. Learned counsel for the revisionist-petitioners, however,
makes a limited submission that without making any interference
on merits/conviction, the sentence awarded to the present
revisionist-petitioners may be substituted with the period of
sentence already undergone by them.
5. Learned Public Prosecutor opposes the same.
6. 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
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."
[2023:RJ-JD:41298] (3 of 3) [CRLR-654/2004]
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..."
7. In light of the limited prayer made on behalf of the
petitioners, and keeping in mind the aforementioned precedent
laws, the present petition is allowed. Accordingly, while
maintaining conviction of the petitioners for the offence under
Sections 457 & 380 IPC, the sentence awarded to them is reduced
to the period already undergone by them and imposition of fine by
the trial court is maintained. The petitioners are on bail. They
need not surrender. Their bail bonds stand discharged accordingly.
8. All pending applications stand disposed of. Record of the
learned court below be sent back forthwith.
(PRAVEER BHATNAGAR),J
16-AK Chouhan/-
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