Rajasthan High Court - Jodhpur
Karna Ram vs State Of Rajasthan (2025:Rj-Jd:11110) on 25 February, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:11110]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 864/2024
Karna Ram S/o Shri Heera Ram, Aged About 30 Years, R/o Khari
Charanan, Tehsil Kolayat Dist. Bikaner (At Present Lodged In
Central Jail, Bikaner)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Birbal Ram Bishnoi
For Respondent(s) : Mr. Kuldeep Singh Kumpawat, Asst. to
Mr. Deepak Choudhary, AAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
25/02/2025
Instant criminal appeal has been filed by the appellant
against the judgment dated 15.02.2024 passed by learned
Additional Sessions Judge No.5, Bikaner, in Sessions Case
No.06/2019 by which the learned Judge convicted the appellant
for offence under Section 304 Part II of IPC and sentenced him to
undergo ten years R.I. along with fine of Rs.10,000/- and in
default of payment of fine, to further undergo two months' S.I.
Brief facts of the case are that on 13.01.2019, complainant
Bhera Ram submitted a written report at Police Station Bichhiwal,
Bikaner to the effect that the marriage of his daughter Sona was
solemnized ten years ago with the appellant. Appellant after
consuming the liquor usually beat the complainant's daughter. On
12.01.2019 at about 7.30 P.M. the appellant again consumed
liquor and some scuffle took place between the appellant and his
wife Sua upon which the appellant inflicted axe injury to his wife
Sua, as a result of which, his wife died. On this report, Police
registered a case and started investigation.
[2025:RJ-JD:11110] (2 of 3) [CRLAS-864/2024]
On completion of investigation, police filed challan against
the accused-appellant for offence under Section 302 IPC.
Thereafter, the charge was framed by the trial court against the
accused-appellant, who pleaded not guilty and claimed trial.
During the course of trial, the prosecution examined as many
as fifteen 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. and in defence he exhibited six
documents.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 15.02.2024 convicted and sentenced
the accused-appellant for offence under Section 304 Part-II IPC as
mentioned above. Hence, this criminal appeal.
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 2019 and the accused-
appellant is an indigent person and he has so far suffered a
sentence of more than six years and three months, out of total
sentence of ten years R.I., therefore, it is prayed that the sentence
awarded to the accused-appellant for offence under Section 304
Part-II of IPC may be reduced to the period already undergone by
him.
Learned Asst. to Addl. Advocate General opposed the
submissions made by the learned counsel for the appellant. The
learned Asst. to Addl. Advocate General 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.
[2025:RJ-JD:11110] (3 of 3) [CRLAS-864/2024]
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.
Undisputedly, the occurrence relates back to year 2019 and
the accused-appellant is an indigent person and he has so far
undergone a period of more than six years & three months
incarceration, out of total sentence of ten years R.I., and has also
suffered the mental agony and trauma of protracted trial. Thus,
looking to the over-all circumstances and the facts that the
accused-appellant has remained behind the bars for a
considerable period, 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 him.
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 amount is
hereby maintained. If the appellant deposit the fine amount, as
imposed by the learned trial Court, then he may be released
forthwith, if no required in any other case and if he fails to deposit
the fine amount then the appellant shall undergo one month's
simple imprisonment.
Suspension of sentence application is decided accordingly.
Record, if received, be sent back forthwith.
(MANOJ KUMAR GARG),J
C-2-Ishan/-
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