Rajasthan High Court - Jodhpur
Birda Ram vs State (2025:Rj-Jd:8764) on 12 February, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:8764]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 203/2004
Birda Ram S/o Shri Ganesh Ram, By Caste Meghwal, Aged About
35 Years, R/o Village Nokhda, Police Station Guda, District
Barmer (Raj.).
(At Present Lodged in Central Jail, Jodhpur)
----Petitioner
Versus
State of Rajasthan, through PP
----Respondent
For Petitioner(s) : Ms. Deepika Puorhit
For Respondent(s) : Mr. Narendra Gehlot, PP assisted by
Mr. Omprakash Choudhary
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
12/02/2025
1. By way of filing the instant criminal revision petition, a
challenge has been made to the order dated 08.04.2004 passed by
learned Additional Sessions Judge No.1, Jodhpur, in Criminal Appeal
No.13/2004 whereby the learned appellate Court dismissed the
appeal filed against the judgment of conviction dated 16.04.2003
passed by the learned Judicial Magistrate No.4, Jodhpur in Criminal
Case No.12188/2000 by which the learned trial Judge convicted and
sentenced the petitioner as under:-
Offence Sentence Fine Sentence in
default of fine
Section 279 IPC 6 months' S.I. Rs.200/- 7 days' S.I.
Section 304A IPC 2 years' S.I. Rs.500/- 15 days' S.I.
Section 337 IPC 6 months' S.I. Rs.200/- 7 days' S.I.
2. All the sentences were ordered to run concurrently and the
period spent in judicial custody shall be adjusted in the original
imprisonment.
3. The gist of the prosecution story is that on 12.09.2000, one
Pappu gave a written report to the Police at Police Station Industrial
[2025:RJ-JD:8764] (2 of 4) [CRLR-203/2004]
Area Basni, Jodhpur to the effect that he was driving a truck bearing
No. RJ-19-G-2636 from Jhalamand to Jodhpur loaded with Nirma
soap and surf, wherein Shri Om Prakash, Ashok and Bhagwana Ram
were sitting. When his truck reached pali road near AFRI main gate,
his truck was hit by another truck filled with bajri bearing No.RJ-19-
G-1074 which was driven by the present petitioner Birda Ram, as a
result of which, Bhagwana Ram and Ashok fell down from the truck
and sustained multiple severe injuries and during treatment,
Bhagwana Ram died. Upon the aforesaid information, an FIR was
registered and after usual investigation, charge-sheet came to be
submitted against the petitioner in the Court concerned.
4. The Learned Magistrate framed charge against the petitioner
for offences under Sections 279, 337 & 304-A of IPC and upon denial
of guilt by the accused, commenced the trial. During the course of
trial, as many as 15 witnesses were examined and some documents
were exhibited. Thereafter, an explanation was sought from the
accused-petitioner under Section 313 Cr.P.C. for which he denied the
same and then, after hearing the learned counsel for the accused
petitioner and meticulous appreciation of the evidence, learned Trial
Judge convicted the accused for offence under Sections 279, 337 &
304A of IPC vide judgment dated 16.04.2003 and sentenced him as
mentioned above. Aggrieved by the judgment of conviction, he
preferred an appeal before the Additional Sessions Judge which was
dismissed vide judgment dated 08.04.2004. Both these judgments
are under assail before this Court in the instant revision petition.
5. Ld. Counsel Ms. Deepika Purohit, representing the petitioner, at
the outset submits that he does not dispute the finding of guilt and
the judgment of conviction passed by the learned trial court and
[2025:RJ-JD:8764] (3 of 4) [CRLR-203/2004]
upheld by the learned appellate court, but at the same time, he
implores that the incident took place in the year 2000. He had
remained in jail for eight days after passing of the judgment by the
appellate court. No other case has been reported against him. He
hails from a very poor family and belongs to the weaker section of
the society. He was 35 years old at the time of incident, now he is
aged about 56 years and is facing trial since the year 2000 and he
has languished in jail for some time, therefore, a lenient view may be
taken in reducing his sentence.
6. Learned Public Prosecutor though opposed the submissions
made on behalf of the petitioner but does not refute the fact that the
petitioner has remained behind the bars for eight days and except
the present one no other case has been registered against him.
7. Since the revision petition against conviction is not pressed and
after perusing the material, nothing is noticed which requires
interference in the finding of guilt reached by learned trial court, this
court does not wish to interfere in the judgment of conviction.
Accordingly, the judgment of conviction is maintained.
8. As far as the question of sentence is concerned, the petitioner
remained in jail for some time and he is facing the rigor for last 25
years. Thus, in the light of the judgments passed by the Hon'ble
Supreme Court in the cases of Haripada Das Vs. State of West
Bangal reported in (1998) 9 SCC 678 and Alister Anthony
Pareira vs. State of Maharashtra reported in 2012 2 SCC 648
and considering the circumstances of the case, age of the petitioner,
his status in the society and the fact that the case is pending since a
pretty long time for which the petitioner has suffered incarceration
for some days and the maximum sentence imposed upon him is of
[2025:RJ-JD:8764] (4 of 4) [CRLR-203/2004]
two years as well as the fact that he faced financial hardship and had
to go through mental agony, this court deems it appropriate to
reduce the sentence to the term of imprisonment that the petitioner
has already undergone till date.
9. Accordingly, the judgment of conviction dated 08.04.2004
passed by learned Additonal Sessions Judge No.1, Jodhpur in
Criminal Appeal No.13/2004 & the judgment dated 16.04.2003
passed by the learned Judicial Magistrate, No.4, Jodhpur in Criminal
Case No.12188/2000 is affirmed but the quantum of sentence
awarded by the learned Trial Court is modified to the extent that the
sentence he has undergone till date would be sufficient and
justifiable to serve the interest of justice. The fine amount imposed
by the trial Court is hereby maintained. Two months' time is granted
to deposit the fine amount before the trial Court. In default of
payment of fine, the petitioner shall undergo one month S.I. The
petitioner is on bail. He need not surrender. His bail bonds are
cancelled.
10. The revision petition is allowed in part.
11. Pending applications, if any, are disposed of.
12. Record of the Courts below be sent back.
(MANOJ KUMAR GARG),J
4-GKaviya/-
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