Rajasthan High Court - Jodhpur
Sawai Singh And Ors vs State (2025:Rj-Jd:13868) on 12 March, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:13868]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 630/2006
1. Sawai Singh S/o Shri Padam Singh, B/c Rajput, R/o Village
Sinyani, PS Ramsar, District Barmer.
2. Banshidhar S/o Shri Mohan Lal, B/c Deshantri, R/o Jatiyo Ka
Bas, District Barmer.
3. Deva Ram S/o Dhara Ram, B/c Meghwal, R/o Village Sinyani,
PS Ramsar, District Barmer.
(Lodge in Central Jail, Jodhpur)
----Petitioners
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Gaurav Khatri
For Respondent(s) : Mr. Lalit Kishore Sen, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
12/03/2025
Instant revision petition has been filed by the petitioners
challenging the judgment dated 11.07.2006 passed in Cr. Appeal
No.19/2005 by learned Additional Sessions Judge, (Fast Track),
Balotra HQ Barmer, by which the appellate court dismissed the
appeal of the petitioners and upheld the judgments dated
01.06.2001 & 05.07.2001, passed by learned Chief Judicial
Magistrate, Barmer, in Cr. Regular Case No.142/1997 by which the
learned trial court convicted and sentenced the petitioners as
under :
S.No. Offence Sentence Fine Sentence in
default of fine
1. 457 IPC 2 years SI Rs.100/- One month SI
2. 380 IPC 2 years SI Rs.100/- One month SI
Both the sentences were ordered to run concurrently.
[2025:RJ-JD:13868] (2 of 3) [CRLR-630/2006]
Brief facts of the case are that on 11.02.1997, complainant
Bhomaram submitted a written report at Police Station Kotwali,
Barmer in respect of a theft committed in his house by some
unknown miscreants. On this report, Police registered a case and
started investigation. During investigation, Police arrested the
petitioners.
After completion of investigation, the police filed challan
against the petitioners. Thereafter, the trial court framed charges
against the accused petitioners for offences under Sections 457,
380 IPC, who pleaded not guilty and claimed trial.
During the course of trial, the prosecution examined as many
as 10 witnesses in support of its case. Thereafter, statements of
the accused petitioners were recorded under section 313 Cr.P.C.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 01.06.2001 & 05.07.2001 convicted
and sentenced, respectively, the accused-petitioners for aforesaid
offence.
Being aggrieved by their conviction and sentence, the
petitioners preferred an appeal before the learned appellate court,
which came to be dismissed vide judgment dated 11.07.2006.
Hence, this revision petition.
At the threshold, learned counsel for the accused-petitioners
submits that he does not challenge the finding of conviction but
since the occurrence is related to the year 1997 and out of total
sentence of two years S.I., the accused petitioners have remained
in custody for some time, therefore, it is prayed that the sentence
awarded to petitioners for the aforesaid offences may be reduced
to the period already undergone by them.
[2025:RJ-JD:13868] (3 of 3) [CRLR-630/2006]
On the other hand, learned Public Prosecutor opposed the
submissions made by the learned counsel for the accused-
petitioners and submitted that there is neither any occasion to
interfere with the sentence awarded to the accused petitioners 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-petitioners.
Undisputedly, the incident relates back to the year 1997 and
the petitioners have remained in custody for some time, out of
total sentence of two years SI, so also suffered the mental agony
and trauma of protracted trial. Thus, looking to the over-all
circumstances and the fact that the petitioners 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 457 & 380 IPC and affirmed by the appellate court is
reduced to the period already undergone.
Accordingly, the revision petition is partly allowed. While
maintaining the petitioners' conviction for offence under Sections
457 & 380 IPC, the sentence awarded to them for the aforesaid
offences is hereby reduced to the period already undergone. The
fine amount is also waived. The petitioners are on bail. They need
not surrender. Their bail bonds are cancelled.
The records of the courts below be sent back forthwith.
(MANOJ KUMAR GARG),J
19-MS/-
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