Rajasthan High Court - Jodhpur
Mehraj vs State (2025:Rj-Jd:21754) on 6 May, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:21754]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 249/1996
Mehraj Ram S/o Shri Chhoga Ram, by caste Vishnoi, R/o Matoda,
Tehsil Osian, District Jodhpur.
----Appellant
Versus
State of Rajasthan
----Respondent
For Appellant(s) : Mr. Rajesh Choudhary
For Respondent(s) : Mr. Kuldeep Singh Kumpawat, Asst. to
Mr. Deepak Choudhary, AAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
06/05/2025
Instant criminal appeal has been filed by the appellant
against the judgment dated 30.03.1996 passed by learned Addl.
District & Session Judge No.3, Jodhpur, in Session Case
No.18/1995 by which the learned Judge convicted the appellant
for offence under Section 498-A IPC and sentenced him for one
year's R.I. and a fine of Rs.1,000/- and in default of payment of
fine he shall further undergo one month's rigorous imprisonment.
Brief facts of the case are that on 09.06.1995 Mehraj Ram
gave a report at Police Station Osiya to the effect that his brother
Kheraj Ram has informed that his wife and two daughters have
committed suicide. On this report, Police registered a case against
the accused-appellant and started investigation.
On completion of investigation, police filed challan against
the accused-appellant. Thereafter, the charges for offence under
[2025:RJ-JD:21754] (2 of 3) [CRLA-249/1996]
Sections 498-(A) & 306 IPC were framed by the trial court against
the accused-appellant, who pleaded not guilty and claimed trial.
During the course of trial, the prosecution examined as many
as nineteen 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. In defence, various
documents were exhibited.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 30.03.1996 convicted and sentenced
the accused-appellant for the offences as aforesaid. Hence, this
criminal appeal.
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 1995 and the accused
appellant has so far suffered a sentence of about five days including
remission, out of total sentence of one year's R.I., therefore, it is
prayed that the sentence awarded to the appellant for the
aforesaid offences may be reduced to the period already
undergone by him.
Learned Asst. to Addl. Advocate General opposed the
submissions made by the learned counsel for the appellant. The
learned AAG 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.
[2025:RJ-JD:21754] (3 of 3) [CRLA-249/1996]
Undisputedly, the occurrence relates back to year 1995 and,
the appellant has so far undergone a period of five days
incarceration including remission, out of total sentence of one year's
R.I., and has also suffered the mental agony and trauma of
protracted trial. Thus, looking to the over-all circumstances and
the facts 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 Section 498-A IPC is
reduced to the period already undergone by the appellant.
Accordingly, the appeal is partly allowed. While maintaining
the appellant's conviction for offence under Section 498-A IPC, the
sentence awarded to him for the said offences is hereby reduced
to the period already undergone. The fine amount imposed by the
Court below is hereby maintained. Two months' time is granted to
deposit the fine before the trial court. In default of payment of fine,
the appellant shall undergo one month's simple imprisonment. The
fine amount, if any, already deposited by the appellant shall be
adjusted. Appellant is on bail. He need not surrender. His bail
bonds stand discharged.
Record, if received, be sent back forthwith.
(MANOJ KUMAR GARG),J
94-Ishan/-
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