Rajasthan High Court - Jodhpur
Dharamveer vs State Of Rajasthan (2024:Rj-Jd:225) on 3 January, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JD:225]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1618/2023
Dharamveer S/o Shri Balwant Singh, Aged About 45 Years, R/o
Shahpuriya, P.s. Chopata, P.s. Nathusari Chopta, Dist. Sirsa,
Haryana. (Presently Lodged In Jail- Bikaner).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Dharampal S/o Shri Vijay Singh, R/o Chak 4 Rpm,
Jasana, Tehsil Nohar, Dist. Hanumangarh, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Vinod Kumar Sihag
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
03/01/2024
Instant revision petition has been filed by the petitioner
challenging the judgment dated 17.11.2023 passed in Cr. Appeal
CIS No.110/2023 by learned Additional Session Judge No.2, Nohar
(hereinafter referred to as 'the appellate court') by which the
appellate court partly allowed the petitioner's appeal and while
affirming the conviction of the petitioner, reduced his sentence
passed by learned Addl. Chief Judicial Magistrate, Nohar, District
Hanumangarh, vide judgment dated 02.11.2023 in Cr. Case
No.206/2016 (CIS No.279/2016). Details of the sentence as
reduced by the appellate court for offence under Sections 457 &
380 IPC are as under :
Offence U/s 457 IPC : Two years & three months' S.I. and fine
of Rs.3,000/-, in default of payment of fine, to further undergo
one month's S.I.
[2024:RJ-JD:225] (2 of 4) [CRLR-1618/2023]
Offence U/s 380 IPC : Two years & three months' S.I. and fine
of Rs.3,000/-, in default of payment of fine, to further undergo
one month's S.I.
Both the sentences were ordered to run concurrently.
Brief facts of the case are that on 13.01.2016, complainant
Dharampal submitted a report before the Police Station Nohar to
the effect that in the intervening night of 12.01.2016, some
unknown persons committed theft in his liquor shop and stole
liquor boxes amounting to Rs.1,99,000/-. On this report, Police
registered a case against unknown persons for offence under
Sections 457, 380 IPC and started investigation. During
investigation, the petitioner was arrested by the Police.
After completion of investigation, the police filed challan
against the present petitioner and other accused-persons.
Thereafter, the trial court framed charges against the accused
persons including the petitioner for offences under Sections 457,
380 IPC, who pleaded not guilty and claimed trial.
During the course of trial, the prosecution examined as many
as eleven witnesses in support of its case and exhibited some
documents. Thereafter, statements of the accused persons
including the petitioner were recorded under section 313 Cr.P.C.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 02.11.2023 convicted and sentenced
the accused-petitioner for aforesaid offence.
Being aggrieved by his conviction and sentence, the
petitioner preferred an appeal before the learned appellate court.
The learned appellate court partly allowed the appeal vide its
judgment dated 17.11.2023 and while maintaining the conviction
[2024:RJ-JD:225] (3 of 4) [CRLR-1618/2023]
of the petitioner for offence under Sections 457 & 380 IPC,
reduced his sentence. Hence, this revision petition.
At the threshold, learned counsel for the accused-petitioner
submits that he does not challenge the finding of conviction but
since the occurrence is related to the year 2016 and out of total
sentence of two years & three months' S.I., the accused petitioner
has already served ten months of imprisonment, therefore, it is
prayed that the sentence awarded to 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 2016 and
the petitioner has so far undergone a period of ten months in
custody, out of total sentence of two years and three months, 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 a considerable time, it
will be just and proper, if the sentence awarded by the trial court
for offence under Sections 457 & 380 IPC and as reduced by the
appellate court is reduced to the period already undergone by the
petitioner while maintaining the fine amount as imposed by the
appellate court.
[2024:RJ-JD:225] (4 of 4) [CRLR-1618/2023]
Accordingly, the revision petition is partly allowed. While
maintaining the petitioner's conviction for offence under Sections
457 & 380 IPC, the sentence awarded to him for the aforesaid
offences is hereby reduced to the period already undergone. The
fine imposed by the appellate court is hereby maintained. The
petitioner is directed to deposit the fine amount before the trial
court. The petitioner is in jail. If the petitioner deposits the fine
amount, he may be released forthwith if not required in any other
case.
Application for suspension of sentence is also decided.
The record of trial Court as well as the appellate court be
sent back forthwith.
(MANOJ KUMAR GARG),J
173-MS/-
Powered by TCPDF (www.tcpdf.org)
