Rajasthan High Court - Jodhpur
Sunil @ Ravi @ Leela vs State Of Rajasthan (2024:Rj-Jd:23791) on 24 May, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JD:23791]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 1399/2023
Sunil @ Ravi @ Leela S/o Dhan Singh, Aged About 35 Years,
Paldi, P.s. Esana, At Present Jatav Road, Mukija Colony, Pipalwali
Gali No. 11, P.s. Model Town Dist. Panipat (Haryana). (At Present
Lodged In Central Jail, Jodhpur).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Thana Ram Choudhary
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
24/05/2024
Instant criminal appeal has been filed by the appellant under
Section 374(2) Cr.P.C. against the judgment dated 12.07.2023
passed by learned Additional Sessions Judge, Desuri, District Pali
in Sessions Case No.82/2021 (33/2010) by which the learned
Judge convicted the appellant for offence under Sections 307/34 &
394/34 IPC and sentenced him as under :
Offence Sentence Fine & default sentence
Sec. 307/34 7 years RI Rs.5,000/- & in default of payment,
IPC undergo 1 year RI
Sec. 394/34 7 years RI Rs.5,000/- & in default of payment,
IPC undergo 1 year RI
Brief facts of the case are that on 08.01.2010, complainant
Chunni Lal submitted a written report to SHO, PS Sadari to the
effect that his brother-in-law Gulab Ram after closing his jewellery
[2024:RJ-JD:23791] (2 of 3) [CRLAS-1399/2023]
shop, was going to his home on a motorcycle along with the a
jewellery bag. On the way, three unknown persons came on a
motorcycle and tried to snatch the jewellery bag from Gulab Ram.
The accused persons assaulted Gulab Ram by lathi on his head
and hand and also fired by a revolver. The accused persons fled
away upon failing to snatch away the said jewellery bag. On the
said report, Police registered a case and started investigation.
On completion of investigation, the police filed challan
against the accused persons including appellant before the trial
court. Thereafter, the charges of the case were framed against the
appellant, who denied the same and claimed trial.
During the course of trial, the prosecution examined 17
witnesses and exhibited certain documents in support of its case.
Thereafter, statement of appellant under section 313 Cr.P.C was
recorded.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 12.07.2023 convicted the present
appellant for offence under Sections 307/34 394/34 IPC and
sentenced him as mentioned above.
At the threshold, counsel for the appellant does not
challenge the finding of conviction but it is submitted that the
occurrence relates back to year 2010 and the appellant has so far
suffered a sentence of about six years and six months, out of total
sentence of seven years R.I. In such circumstances, it is prayed
that the substantive sentence awarded to the accused-appellant
for the offence under Sections 307/34 & 394/34 IPC may be
reduced to the period already undergone by him.
[2024:RJ-JD:23791] (3 of 3) [CRLAS-1399/2023]
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.
It is not disputed that the occurrence has taken place in the
year 2010 and the accused-appellant has so far undergone a
period of about six years and six months incarceration, out of total
sentence of seven years R.I., and so also suffered the mental
agony and trauma of protracted trial. Thus, looking to the over-all
circumstances and the fact that the accused-appellant has
remained behind the bars for considerable time, it will be just and
proper if the sentence awarded by the trial court for offence under
Sections 307/34 & 394/ 34 IPC is reduced to the period already
undergone by him.
Accordingly, the appeal is partly allowed. While maintaining
the appellant's conviction for offence under Sections 307/34 &
394/34 IPC, the sentence awarded to him is reduced to the period
already undergone. The fine imposed by the trial court is hereby
waived. The appellant is on bail. He need not surrender. His bail
bonds are discharged.
The record of the trial court be sent back forthwith.
(MANOJ KUMAR GARG),J
1-MS/-
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