Rajasthan High Court - Jodhpur
Paramjeet Singh And Anr vs State (2025:Rj-Jd:13033) on 7 March, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:13033]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1305/2016
1. Paramjeet Singh S/o Sh. Mahendra Singh, by caste Majvi
Sikh, aged about 28 years, R/o Matili Rathan, at present R/o
Ward No.8, Purani Abadi, Sriganganagar.
2. Harish Chandra @ Billu S/o Sh. Mukand Lal, by caste Arora,
aged about 48 years, R/o 182 Mukharji Nagar, Sriganganagar.
----Appellant
Versus
State of Rajasthan
----Respondent
For Appellant(s) : Mr. Rakesh Matoria
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. Omprakash Choudhary
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
07/03/2025
Instant criminal appeal has been filed by the appellants
against the judgment dated 23.11.2016 passed by learned Addl.
Session Judge No.2, Sriganganagar, in Session Case No.36/2012
(22/2007) by which the learned Judge convicted and sentenced
the appellants as under :-
Appellant No.1-Paramjeet Singh
S.No. Offence Sentence Fine Sentence in
default of fine
1. 353/34 IPC 2 years' SI ---- ----
2. 279 IPC 6 months' SI --- ---
3. 19/54 of 3 Years' RI 20,000/- Two months' R.I.
Excise Act.
[2025:RJ-JD:13033] (2 of 4) [CRLA-1305/2016]
Appellant No.2-Harish Chandra @ Billu
S.No. Offence Sentence Fine Sentence in
default of fine
1. 353/34 IPC 2 years' SI ---- ----
2. 19/54 of 3 Years' RI 20,000/- Two months' R.I.
Excise Act.
All the sentences were ordered to run concurrently.
Brief facts of the case are that on 18.02.2007, Sub Inspector
Manoj Machra submitted a seizure memo, to the effect that he
received a secret information that some illegal activities are
conducted. Upon arriving at the location, it was observed that a
white Ambasador car parked outside with the respondent No.2 and
unloading a box. They quickly left the box upon seeing the Police
Jeep and fled in the car with the driver. Upon inspection, the box
contained 12 bottles of liquor. The Police seized the box and
pursued the car, which sped away recklessly towards Karanpur.
The occupants of the car attempted to attack the Police with
intention to kill. On the basis of the said report, Police registered a
case against the accused-respondents and started investigation.
On completion of investigation, police filed challan against
the accused-appellants. Thereafter, the charges for offence under
Sections 19/54 of Rajasthan Excise Act and Sectoin 307/34,
353/34, 279, 279/34 of IPC and Section 3/25(1)(B)(A) of Arms
Act were framed by the trial court against the accused-appellants,
who pleaded not guilty and claimed trial.
During the course of trial, the prosecution examined as many
as ten witnesses in support of its case and also exhibited various
[2025:RJ-JD:13033] (3 of 4) [CRLA-1305/2016]
documents. Thereafter, statement of the accused appellants were
recorded under section 313 Cr.P.C.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 23.11.2016 convicted and sentenced
the accused-appellants for the offences under Sections 353/34.
279 of IPC and Section 19/54 of Rajasthan Excise Act respectively
and acquitted from the 307/34, 279/34 of IPC and Section
3/25(1)(B)(A) of Arms Act. Hence, this criminal appeal.
At the threshold, learned counsel for the accused-appellants
submits that he does not challenge the finding of conviction but
since the occurrence is related to the year 2007. It is submitted
that the accused appellant No.1-Paramjeet has so far suffered a
sentence of about five months and thirteen days and appellant
No.2-Harish Chandra @ Billu has so far suffered a sentence of
about one month and three days, out of total sentence of three
years' R.I. each, therefore, it is prayed that the sentence awarded
to the appellant for the aforesaid offences may be reduced to the
period already undergone by them.
Learned Public Prosecutor opposed the submissions made by
the learned counsel for the appellants. The learned PP submitted
that there is neither any occasion to interfere with the sentence
awarded to the accused appellants 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-appellants.
Undisputedly, the occurrence relates back to year 2007 and,
the appellant No.1-Paramjeet has so far suffered a sentence of
[2025:RJ-JD:13033] (4 of 4) [CRLA-1305/2016]
about five months and thirteen days and appellant No.2-Harish
Chandra @ Billu has so far suffered a sentence of about one
month and three days, out of total sentence of three years' R.I.
each, and has also suffered the mental agony and trauma of
protracted trial. Thus, looking to the over-all circumstances and
the facts that the appellants have 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 353/34 &
279 of IPC and Section 19/54 of Rajasthan Excise Act respectively
is reduced to the period already undergone by the appellants.
Accordingly, the appeal is partly allowed. The sentence
awarded to them for the said offences is hereby reduced to the
period already undergone by them. The fine amount is hereby
maintained. Two months' time is hereby granted to deposited the
fine amount, as imposed by the trial Court and if any fine amount
has paid earlier by the appellants then the same shall be adjusted.
In default of payment of fine, appellants shall further under one
month's S.I. The appellants are on bail. They need not to
surrender. Their bail bonds are cancelled.
Pending applications, if any, shall also disposed of
accordingly.
Record, if received, be sent back forthwith.
(MANOJ KUMAR GARG),J
96-Ishan/-
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