Rajasthan High Court - Jodhpur
Sardar Singh vs State (2025:Rj-Jd:6012) on 30 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:6012]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 223/2015
Sardar Singh S/o Shri Bhaguta, B/c Meena R/o Bhunwar,
Hanuman Nagar Police Station, Bhilwara, District Bhilwara.
----Appellant
Versus
State of Rajasthan ----Respondent
For Appellant(s) : Mr. Magendra Singh
For Respondent(s) : Mr. Narendra Gehlot, PP assisted by
Mr. OP Choudhary
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
30/01/2025
1. Instant criminal appeal has been filed by the appellant
against the judgment dated 23.02.2015 passed by learned
Additional Sessions Judge, Shahpura, District Bhilwara, in Sessions
Case No.13/2019 by which the learned Judge convicted and
sentenced the appellant as under :
Offence Sentence Fine Sentence in
default of fine
323 IPC 6 months' S.I. - -
308 IPC 3 years' R.I. Rs.5,000/- 3 months' S.I.
2. Both the sentences were ordered to run concurrently and the
period spent in judicial custody shall be adjusted in the original
imprisonment.
3. Brief facts of the case are that on 15.08.2013, complainant
Om Prakash (PW.3) submitted a written report before SHO, Police
Station Hanuman Nagar alleging that on the preceding day at
about 7 PM he went to his mother's house in village Bhunwar.
When he reached there he saw that the present appellant's
[2025:RJ-JD:6012] (2 of 3) [CRLA-223/2015]
brother Badri Lal was abusing his mother and later on, appellant
came there and attacked on the head of complainant's mother
with an axe and also tried to attack him. On this report, Police
registered a case against the accused appellant 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 341, 323
& 307/34 of IPC, who pleaded not guilty and claimed trial.
5. During the course of trial, the prosecution examined as many
as 15 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 23.02.2015 convicted and sentenced
the appellant for the offence as aforesaid. 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 2013 and the accused
appellant has so far suffered a sentence of about 18 days, out of
total sentence of three 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
occasion to interfere with the sentence awarded to the accused
[2025:RJ-JD:6012] (3 of 3) [CRLA-223/2015]
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 2013 and,
the appellant has so far undergone a period of 18 days
incarceration, out of total sentence of three 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 Sections 308 & 323 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 Sections 308 & 323
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 maintained. The amount of fine imposed by
the trial Court, if not already deposited by the appellant, then two
months' time is granted to deposit the fine amount before the trial
Court. In default of payment of fine, the appellant shall undergo
one month S.I. The appellant is on bail. He need not surrender.
His bail bonds are discharged.
12. Pending applications, if any, stands decided.
13. Record, if received, be sent back forthwith.
(MANOJ KUMAR GARG),J
76-Rashi/-
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