State Of Rajasthan vs Umesh (2025:Rj-Jd:19676)
2025 Latest Caselaw 12138 Raj

Rajasthan High Court - Jodhpur

State Of Rajasthan vs Umesh (2025:Rj-Jd:19676) on 23 April, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:19676]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Criminal Appeal No. 1218/2016

State Of Rajasthan
                                                                           ----Appellant
                                       Versus
Umesh S/o Banshi Lal, R/o 350 Society Nagar, District Pali.
                                                                         ----Respondent


For Appellant(s)             :     Ms. Sonu Manawat, PP
For Respondent(s)            :     Mr. Mahesh Chandra Bishnoi
                                   Mr. Kuldeep Bishnoi



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

23/04/2025

Instant criminal appeal has been filed by the appellant-State

against the judgment dated 24.08.2016 passed by learned

Additional Sessions Judge, District Pali in Sessions Case

No.197/2015 by which trial Court has acquitted the accused-

respondent for offence punishable under Section 304-B IPC and

convicted the accused-respondent for offence punishable under

Section 498-A IPC but awarded inadequate/lesser sentence to the

accused-respondent.

The accused-respondent has already suffered incarceration

of about 2 years 7 months & 29 days out of total sentence so the

trial Court has released the accused-respondent and reduced the

period already undergone by him.

Learned Public Prosecutor submits that initially the case was

registered under Section 304-B IPC and the accused-respondent

was acquitted from the said offence but convicted the accused-

[2025:RJ-JD:19676] (2 of 2) [CRLA-1218/2016]

respondent for offence punishable under Section 498-A IPC and

awarded inadequate/lesser sentence to accused-respondent. In

these circumstances, the present criminal appeal may be allowed.

Per contra, learned counsel for the respondent submits that

the respondent has already been acquitted from offence

punishable under Section 304-B IPC and suffered incarceration of

2 years 7 months & 29 days along with a fine of Rs.5,000/- for

offence punishable under Section 498-A IPC. Therefore, the

sentence awarded to the respondent is not inadequate/lesser for

the aforesaid offence.

I have heard and considered the arguments advanced before

me and perused the material available on record.

The maximum sentence for offence punishable under Section

498-A IPC is of three years and the accused-respondent has

already suffered the incarceration of 2 years 7 months & 29 days

that is near to three years of sentence. Therefore, the sentence

awarded by the trial Court is not inadequate/lesser and has it

rightly released the accused-respondent and reduced the period of

sentence already undergone by him. The order impugned does not

suffer from any illegality and perversity, hence, no interference is

called for from this Court.

Accordingly, the criminal appeal is hereby dismissed.

(MANOJ KUMAR GARG),J 85-Rashi/-

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