Rajasthan High Court - Jodhpur
Moiya @ Mohan Lal vs State (2025:Rj-Jd:28915) on 4 July, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:28915]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 523/2007
Moiya @ Mohan Lal S/o Devi Lal, R/o Bhinmal District Jalore
(Lodged in Sub-Jail, Bhinmal)
----Petitioner
Versus
The State of Rajasthan, through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Lalit Bhandari
For Respondent(s) : Mr. Shravan Singh Rathore, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
04/07/2025
1. By way of filing the instant criminal revision petition, a
challenge has been made to the order dated 14.05.2007 passed
by the learned Additional Session Judge, Bhinmal, District Jalore,
in Criminal Appeal No.20/2007 whereby the learned appellate
court dismissed the appeal vide judgment dated 23.02.2007
passed by the learned Additional Chief Judicial Magistrate,
Bhinmal, District Jalore in Criminal Case No.761/2004 by which
the learned trial court acquitted the accused-petitioner for the
offence under Section 451 of IPC and convicted and sentenced
him as under:-
Offence Sentence Fine & default sentence
Sec. 325 IPC 2 years' SI Rs.500/- and in default of payment of
fine, 07 days' SI
Sec. 323 IPC 6 months' SI Rs.100/- and in default of payment of
fine, 07 days' SI
2. The period spent in judicial custody shall be adjusted in the
original imprisonment.
[2025:RJ-JD:28915] (2 of 4) [CRLR-523/2007]
3. Briefly stated the facts of the case are that on 16.10.2004, the
complainant Devi Lal lodged a written report at the concerned police
station to the effect that the accused-petitioner arrived outside his
residence in a state of intoxication, verbally abused them, pushed his
wife, and when his mother Kanchan Devi came to intervene, the
accused-petitioner fractured her hand. On the basis of said report, the
police registered a case under Sections 323, 325 and 451 of IPC and
commenced the investigation. After completion of the investigation, the
police submitted a charge-sheet against the accused-petitioner and
other persons for the aforesaid offences. The learned trial court framed
charge against the accused-petitioner for the aforesaid offences and
upon denial of guilt, commenced trial. During the course of trial, the
prosecution examined as many as 11 witnesses and exhibited certain
documents in support of their case. The accused-petitioner was
examined under Section 313 Cr.P.C., in which he denied the allegations
against him and claimed trial.
4. The learned trial court after hearing the final arguments of both
sides, acquitted the accused-petitioner for offence under Section 451 of
IPC and convicted and sentenced him for offence under Sections 323,
325 of IPC vide judgment dated 23.02.2007. Aggrieved by the
judgment of conviction, he preferred an appeal before the Additional
Session Judge, Bhinmal, District Jalore which was dismissed vide
judgment dated 14.05.2007. Both these judgments are under assail
before this Court in the instant revision petition.
5. Learned counsel Mr. Lalit Bhandari, representing the accused-
petitioner, at the outset submits that he does not dispute the finding of
guilt and the judgment of conviction passed by the learned courts
below, but at the same time, he implores that the incident took place in
[2025:RJ-JD:28915] (3 of 4) [CRLR-523/2007]
the year 2004. The accused-petitioner had remained in judicial custody
for about one month. No other case has been reported against him. He
hails from a very poor family and belongs to the weaker section of the
society. The accused-petitioner has been facing trial since the year 2004
and he has languished in jail for some time, therefore, a lenient view
may be taken in reducing his sentence.
6. Learned public prosecutor though opposed the submissions made
on behalf of the accused-petitioner but does not refute the fact that the
accused-petitioner has remained behind the bars for about one month
and except the present one, no other case has been registered against
him.
7. Since the revision petition against conviction is not pressed and
after perusing the material, nothing is noticed which requires
interference in the finding of guilt reached by learned trial court, this
court does not wish to interfere in the judgment of conviction.
Accordingly, the judgment of conviction is maintained.
8. As far as the question of sentence is concerned, the
accused-petitioner remained in jail for some time. Thus, in the light of
the judgments passed by the Hon'ble Supreme Court in the cases of
Haripada Das Vs. State of West Bangal reported in (1998) 9 SCC
678 and Alister Anthony Pareira vs. State of Maharashtra reported
in 2012 2 SCC 648 and considering the circumstances of the case, age
of the accused-petitioner, his status in the society and the fact that the
case is pending since long time for which the accused-petitioner has
suffered some time incarceration as well as the fact that he faced
financial hardship and had to go through mental agony, this court
deems it appropriate to reduce the sentence to the term of
[2025:RJ-JD:28915] (4 of 4) [CRLR-523/2007]
imprisonment that the accused-petitioner has already undergone till
date.
9. Accordingly, the judgment of conviction dated 23.02.2007 passed
by learned Additional Chief Judicial Magistrate, Bhinmal, District Jalore
in Criminal Case No.761/2004 and the judgment dated 14.05.2007
passed by the learned Additional Session Judge, Bhinmal, District
Jalore, in Criminal Appeal No.20/2007 are affirmed but the quantum of
sentence reduced by the learned appellate court is modified to the
extent that the sentence he has undergone till date would be sufficient
and justifiable to serve the interest of justice. The fine amount imposed
by the trial court, if not already deposited, is hereby waived. The
petitioner is on bail. He need not surrender. His bail bonds are
cancelled.
10. The revision petition is allowed in part.
11. Pending applications, if any, are disposed of.
12. Record of the Courts below be sent back.
(MANOJ KUMAR GARG),J
123-mSingh/-
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