Rajasthan High Court - Jodhpur
Shanker Lal vs State (2025:Rj-Jd:1231) on 8 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:1231]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 691/2007
Shanker Lal S/o Parta Ji, By caste Bagariya, R/o Jheelwara,
Police Station Charbhuja, District Rajsamand (Lodged at District
Jail, Rajsamand)
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Prahlad Singh Bhati
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. Omprakash Choudhary
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
08/01/2025
Instant revision petition under Section 397/401 Cr.P.C. has
been filed by the petitioner challenging the judgment dated
30.06.2007 passed by learned Addl. District & Sessions Judge
(Fast Track), Rajsamand, (hereinafter referred to as 'the appellate
court') in Criminal Appeal No.12/2007 by which the appellate
court dismissed the appeal of the petitioner and upheld the
judgment dated 23.03.2006 passed by the learned Judicial
Magistrate, First Class Kumbhalgarh, District Rajsamand
(hereinafter referred to as 'the trial court') in Criminal Original
Case No.336/1997, whereby, the learned trial court convicted and
sentenced the present petitioner as under :-
Offence Sentence Fine & default sentence
Sec. 457 IPC Two years' SI Rs.200/- in default of payment,
further undergo one month's S.I.
Sec. 380 IPC Two year's SI Fine of Rs.200/- in default of
payment, further undergone one
month's S.I.
[2025:RJ-JD:1231] (2 of 4) [CRLR-691/2007]
Both the sentences was ordered to be run concurrently.
Brief facts of the case are that on 21.08.1997 complainant Devi
Lal lodged an FIR No.153/1997 at Police Station Charbhuja to the
effect that some unknown miscreants had committed theft in the
temple of Adinath Jain Temple, Village Jheelwara. On this report, the
police registered the case against accused-petitioner for offence
under Sections 457 & 380 IPC and started investigation.
On completion of investigation, the police filed challan
against the accused-petitioner for offence under Sections 457 &
380 of IPC. Thereafter, the charges of the case were framed
against the accused-petitioner, who denied the charges and
claimed trial.
During the course of trial, the prosecution examined seven
witnesses and also exhibited certain documents. Thereafter,
statement of the accused-person was recorded under section 313
Cr.P.C.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 23.03.2006 convicted and sentenced
the accused-petitioner for offences as mentioned earlier.
Aggrieved by his conviction and sentence, the petitioner
preferred an appeal before the learned appellate court, which
came to be dismissed vide judgment dated 30.06.2007. Hence,
this revision petition.
At the threshold, counsel for the petitioner does not
challenge the finding of conviction but it is submitted that the
occurrence relates back to year 1997 and the petitioner has so far
suffered a sentence of about one month and sixteen days, out of
[2025:RJ-JD:1231] (3 of 4) [CRLR-691/2007]
total sentence of two years' S.I. In such circumstances, it is
prayed that the substantive sentence awarded to the accused-
petitioner for the offence under Sections 457 & 380 of IPC may
be reduced to the period already undergone by him.
On the other hand, the learned Public Prosecutor opposed
the submissions made by the learned counsel for the accused-
petitioner. The learned PP submitted that there is neither any
occasion to interfere with the sentence awarded to the accused
petitioner 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 courts below regarding
conviction of the accused-petitioner.
It is not disputed that the occurrence has taken place in the
year 1997 and the accused-petitioner has so far undergone a
period of one month and sixteen days' incarceration, out of total
sentence of two years' S.I., and so also suffered the mental agony
and trauma of protracted trial. Thus, looking to the over-all
circumstances and the fact that the accused-petitioner has
remained behind the bars for considerable time, it will be just and
proper if the sentence awarded by the trial court for offence under
Sections 457 & 380 IPC and affirmed by the appellate court is
reduced to the period already undergone by him.
Accordingly, the criminal revision petition is partly allowed.
While maintaining the petitioner's conviction and sentence for
offence under Sections 457 & 380 IPC, the sentence awarded to
them for aforesaid offences are hereby reduced to the period
[2025:RJ-JD:1231] (4 of 4) [CRLR-691/2007]
already undergone. The fine amount, as imposed by the learned
trial court is hereby waived. The petitioner is on bail. He need not
surrender. His bail bonds stand discharged.
The record of the courts below be sent back forthwith.
(MANOJ KUMAR GARG),J
29-Ishan/-
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