Rajasthan High Court - Jodhpur
Parthu @ Prithviraj vs State Of Rajasthan (2025:Rj-Jd:9197) on 14 February, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:9197]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR
S.B. Criminal Appeal (Sb) No. 1861/2022
Parthu @ Prithviraj S/o Kalu aged about 32 years, R/o Karthana,
P.S. Kotwali, Nimbahera, District Chittorgarh (Raj.).
(Presently lodged at Central Jail, Udaipur)
----Appellant
Versus
State Of Rajasthan
----Respondent
For Appellant(s) : Mr. Bharat Devasi
For Respondent(s) : Mr. Narendra Gehlot, PP assisted by
Mr. OP Choudhary
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
14/02/2025
1. Instant criminal appeal has been filed by the appellant
against the judgment dated 02.11.2022 passed by learned
Additional District & Sessions Judge No.2, Nimbahera, District
Chittorgarh, in Sessions Case No.15/2020 by which the learned
Judge convicted the appellant for offence punishable under
Section 304 Part-II and sentenced him to under 7 years' R.I. and
imposed a fine of Rs.5,000/-, in default of payment of fine to
undergo five months' S.I.
2. The period spent in judicial custody shall be adjusted in the
original imprisonment.
3. Brief facts of the case are that on 22.02.2020, complainant
Mukesh Chandra submitted a written report before SHO, Police
Station Nimbahera alleging that today at about 6 PM, his brother
Amritram was consuming liquor with the present petitioner and his
father Kaluram. When complainant went to call Amritram, he saw
[2025:RJ-JD:9197] (2 of 3) [CRLAS-1861/2022]
that the present petitioner and his father were quarreling with his
brother over money dispute and thereafter, both the accused hit
Amritram with a lath due to which he fell down and later on died
on his way to the hospital. On this report, Police registered a case
against the accused appellant for the offence punishable under
Sections 302 & 120-B of IPC and started investigation.
4. On completion of investigation, police filed challan against
the accused-appellant. Thereafter, the trial court framed charges
against the accused-appellant for offence under Sections 302 &
120-B of IPC, who pleaded not guilty and claimed trial.
5. During the course of trial, the prosecution examined as many
as 12 witnesses in support of its case and also exhibited some
documents. Thereafter, statement of the accused-appellant was
recorded under section 313 Cr.P.C.
6. Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 02.11.2022 convicted and sentenced
the appellant for the offence punishable under Section 304 Part-II
of IPC. Hence, this criminal appeal.
7. At the threshold, learned counsel for the accused-appellant
submits that he does not challenge the finding of conviction but
since the occurrence is related to the year 2020 and the accused
appellant has so far suffered a sentence of about 5 years, out of
total sentence of seven years' R.I., therefore, it is prayed that the
sentence awarded to the appellant for the aforesaid offence may
be reduced to the period already undergone by him.
8. On the other hand, the learned Public Prosecutor opposed
the submissions made by the learned counsel for the appellant.
The learned Public Prosecutor submitted that there is neither any
[2025:RJ-JD:9197] (3 of 3) [CRLAS-1861/2022]
occasion to interfere with the sentence awarded to the accused
appellant nor any compassion or sympathy is called for in the said
case.
9. 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.
10. Undisputedly, the occurrence relates back to year 2020 and,
the appellant has so far undergone a period of about five years
incarceration, out of total sentence of seven years' R.I., and has
also suffered the mental agony and trauma of protracted trial.
Thus, looking to the over-all circumstances and the fact that the
appellant 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 Section 304 Part-II of IPC is reduced to the
period already undergone by the appellant.
11. Accordingly, the appeal is partly allowed. While maintaining
the appellant's conviction for offence under Section 304 Part-II of
IPC, the sentence awarded to him for the said offence is hereby
reduced to the period already undergone. The fine imposed by the
trial court is hereby waived. The accused-appellant is in custody
and shall be released forthwith, if not required in any other case.
12. Pending applications, if any, stands decided.
13. Record, if received, be sent back forthwith.
(MANOJ KUMAR GARG),J
163-Rashi/-
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