Rajasthan High Court - Jodhpur
Kanhaiya Lal vs State Of Rajasthan (2025:Rj-Jd:1484) on 9 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:1484]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 1972/2024
Kanhaiya Lal S/o Sh. Ratan Lal, Aged About 38 Years, R/o Sardar
Patel Nagar, Ps Industrial Area, Dist. Pali, Raj. (Lodged In Central
Jail Pali)
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Ganpat Lal S/o Sh. Badri Prasad Meghwal, R/o Sardar
Patel Nagar, Ps Industrial Area, Dist. Pali, Raj.
----Respondents
For Appellant(s) : Mr. Pukhraj Gehlot
For Respondent(s) : Mr. Deepak Choudhary, AAG assisted
by Mr. KS Kumpawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
09/01/2025
Instant criminal appeal has been filed by the appellant under
Section 374 Cr.P.C. (Section 315 of BNSS) against the judgment
dated 22.07.2024 passed by learned Special Judge, SC/ST Act
(Prevention of Atrocities Cases), District Pali in Session Case
No.100/2016 (CIS No.333/2016) by which the learned Judge
convicted the appellant for offence under Sections 334, 323 IPC
and sentenced him as under :
Offence Sentence Fine & default sentence
Sec. 334 IPC 1 month SI Rs.500/- & in default of payment,
undergo 5 days SI
Sec. 323 IPC 6 months SI Rs.1,000/- & in default of payment,
undergo 10 days SI
Both the sentences were ordered to run concurrently.
[2025:RJ-JD:1484] (2 of 4) [CRLAS-1972/2024]
Brief facts of the case are that on 27.03.2016, complainant
Ganpatlal submitted a written report at the Police Station
Industrial Area, Pali to the effect that on 26.03.2016 at about
11:00 AM, when his younger brother Sunil and his neighbour
Naresh Singh were sitting outside the house, the accused
appellant came in a drunken condition and hit the bottle of alcohol
on the head of his younger brother Sunil. When Naresh Singh tried
to rescue Sunil, the accused-appellant also gave beating to Naresh
Singh. The accused-appellant also used caste oriented language.
On hearing hue and cry, the complainant came outside the house,
upon which the accused-appellant fled away. On this, FIR was
registered by the Police and commenced investigation.
On completion of investigation, the police filed challan before
the trial court. Thereafter, the charges of the case were framed
against the appellant, who denied the same and claimed trial.
During the course of trial, the prosecution examined 9
witnesses and exhibited certain documents in support of its case.
Thereafter, statement of appellant under section 313 Cr.P.C was
recorded.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 22.07.2024 convicted the present
appellant for offence under Sections 334, 323 IPC and sentenced
him as mentioned above. Hence, this appeal.
At the threshold, counsel for the appellant does not
challenge the finding of conviction but it is submitted that the
occurrence relates back to year 2016 and the appellant has so far
suffered a sentence of more than four months, out of total
sentence of six months SI. In such circumstances, it is prayed that
[2025:RJ-JD:1484] (3 of 4) [CRLAS-1972/2024]
the substantive sentence awarded to the accused-appellant for the
offence under Sections 334, 323 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 appellant.
The learned PP 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.
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.
It is not disputed that the occurrence has taken place in the
year 2016 and the accused-appellant has so far undergone a
period of more than four months incarceration, out of total
sentence of six months 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-appellant 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 334, 323 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 Sections 334, 323 IPC,
the sentence awarded to him is reduced to the period already
undergone. The fine imposed by the trial court is hereby waived.
The appellant is in custody. He may be released forthwith, if not
required in any other case.
[2025:RJ-JD:1484] (4 of 4) [CRLAS-1972/2024]
The record of the trial court, if received, be sent back
forthwith.
Application for suspension of sentence is also decided.
(MANOJ KUMAR GARG),J
2-Ishan/-
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