Rajasthan High Court - Jodhpur
Soma Alias Someshwar vs State Of Rajasthan (2024:Rj-Jd:23911) on 24 May, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JD:23911]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 580/2024
1. Soma Alias Someshwar S/o Shri Ramchandra, Aged About
31 Years, R/o Sasarpur Fala Kanjadiya, Police Station
Dhambola, District Dungarpur. (Lodged At Dist. Jail
Dungarpur)
2. Hanja @ Harish S/o Shri Ramchandra, Aged About 28
Years, R/o Sasarpur Fala Kanjadiya, Police Station
Dhambola, District Dungarpur. (Lodged At Dist. Jail
Dungarpur)
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Manoj Kumar Pareek
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
24/05/2024
Instant criminal appeal has been filed by the appellants
against the judgment dated 02.04.2024 passed by learned Addl.
Sessions Judge, Dungarpur, in Sessions Case No.47/2022 (CIS
No.107/2021) by which the learned Judge convicted and
sentenced the each appellants as under :
S.No. Offence Sentence Fine Sentence in
default of fine
1. 304-Part 5 years' RI Rs.5,000/- 5 months' SI
II/34 IPC
2. 447 IPC 1 month's RI --- ---
3. 323/34 IPC 6 months' RI Rs.500/- 1 month's SI
All the sentences were ordered to run concurrently.
[2024:RJ-JD:23911] (2 of 4) [CRLAS-580/2024]
Brief facts of the case are that on 22.07.2021, complainant
Smt. Thavri W/o Roopa filed a written report before the concerned
Police Station to the effect that on 20.07.2021 at about 6.00 P.M.
her husband was working in the field. At that time, accused
persons Soma, Hanja, Govind, Shantilal, Rakesh, Bada, Lavish
came and assaulted her husband. After hearing hue and cry,
complainant alongwith her daughter and other relatives came and
tried to rescue him. But the accused persons continued beating
her husband. Due to which he sustained injuries and during the
treatment he succumbed to the injuries. On this report, Police
registered a case against the accused-appellants and started
investigation.
On completion of investigation, police filed challan against
the accused-appellants. Thereafter, the charges for offence under
Sections 447, 323 & 302/34 IPC were framed by the trial court
against the accused-appellants, who pleaded not guilty and
claimed trial.
During the course of trial, the prosecution examined as many
as twenty five witnesses in support of its case and also exhibited
some documents. Thereafter, statement of the accused appellants
were recorded under section 313 Cr.P.C.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 02.04.2024 convicted and sentenced
the accused-appellants for the offences as aforesaid. Hence, this
criminal appeal.
At the threshold, learned counsel for the accused-appellants
submits that they do not challenge the finding of conviction but
since the occurrence is related to the year 2021 and the accused
[2024:RJ-JD:23911] (3 of 4) [CRLAS-580/2024]
appellants have so far suffered a sentence of about two years,
nine months and twenty five days including remission, out of total
sentence of five years' R.I., therefore, it is prayed that the
sentence awarded to the appellants for the aforesaid offences may
be reduced to the period already undergone by them.
Learned Public Prosecutor opposed the submissions made by
the learned counsel for the appellants. The learned PP submitted
that there is neither any occasion to interfere with the sentence
awarded to the accused appellants 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-appellants.
Undisputedly, the occurrence relates back to year 2021 and,
the appellants have so far undergone a period of two years, nine
months & twenty five days incarceration including remission, out
of total sentence of five years' S.I., and have also suffered the
mental agony and trauma of protracted trial. Thus, looking to the
over-all circumstances and the facts that the appellants have
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 304 Part II/34 IPC is reduced to the period already
undergone by them. So far as the sentence of one month's R.I.
awarded for offence under Section 447 IPC and sentence of six
months' R.I. awarded for offence under Section 323/34 IPC by the
trial Court, the same has already been served by the appellants.
Accordingly, the appeal is partly allowed. While maintaining
the appellants' conviction for offence under Section 304
[2024:RJ-JD:23911] (4 of 4) [CRLAS-580/2024]
Part-II/34, the sentence awarded to them for the said offence is
hereby reduced to the period already undergone. The fine amount
imposed by the trial court is hereby maintained. Upon depositing
the fine amount of Rs.5,000/- imposed for offence under Section
304 Part-II/34 IPC, the appellants be released forthwith, if not
required in any other case. In default of payment of fine of
Rs.5,000/-, the appellants shall undergo two month's additional
imprisonment.
Record, if received, be sent back forthwith.
(MANOJ KUMAR GARG),J
1-Ishan/-
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