Rajasthan High Court - Jodhpur
Rajendra Singh And Ors vs State (2025:Rj-Jd:21994) on 7 May, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:21994]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 653/2003
1. Rajendra Singh S/o Shri Bhola Singh, R/o Faridsar, P.S. Kesri
Singhpur, Tehsil Karanpur, District Sri Ganganagar
2. Kanta Singh S/o Shri Jogendra Singh, R/o Faridsar, P.S. Kesri
Singhpur, Tehsil Karanpur, District Sri Ganganagar
3. Nattha Singh S/o Baldeo Singh, R/o Faridsar, P.S. Kesri
Singhpur, Tehsil Karanpur, District Sri Ganganagar
[Lodged at Sub Jail Karanpur in the process to transfer to Central
Jail, Sri Ganganagar]
----Petitioner
Versus
The State of Rajasthan, through PP
----Respondent
For Petitioner(s) : Mr. Shyam S. Khatri
Mr. Talat Bari
For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG
with Mr. Kuldeep Singh Kumpawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
07/05/2025
Learned AAG has submitted a report dated 20.04.2025
received from the concerned Police Station informing this Court
that the petitioner No.1 - Rajendra Singh has expired on
06.09.2020. The death certificate annexed is hereby taken on
record.
Hence, the present criminal revision petition stands
dismissed as abated qua the petitioner No.1.
So far as petitioner Nos.2 and 3 are concerned, the present
criminal revision petition has been filed by the petitioner against
the judgment dated 18.07.2003 passed by learned Additional
[2025:RJ-JD:21994] (2 of 4) [CRLR-653/2003]
Session Judge, Shreekaranpur, District Sri Ganganagar, in Criminal
Appeal No.18/2003 whereby the learned appellate court affirmed the
conviction and sentence vide judgment dated 29.04.1999 passed by the
learned Additional Chief Judicial Magistrate & Civil Judge [Senior
Division], Shreekaranpur, District Sri Ganganagar in Criminal Case
No.61/1998 by which the learned trial Judge convicted and sentenced
the petitioners as under:-
S.No. Offence Sentence Fine Sentence in
default of fine
1. 120-B of IPC 4 years' RI Rs.100/- 2 months' RI
2. 384 of IPC 3 years' RI Rs.100/- 2 months' RI
3. 387 of IPC 4 years' RI Rs.100/- 2 months' RI
All the sentences were ordered to run concurrently.
Brief facts of the case are that on 07.01.1998, the
complainant Baldeo Raj received a ransom letter demanding
Rs.4,00,000/-, with a threat that his son would be harmed if the
amount was not paid by 10.01.1998 near Faridsar Bus Stand.
Baldeo Raj handed over the letter to the SHO, Police Station, Kesri
Singhpur. Based on this information, the police laid a trap and
apprehended the present-petitioners who came to collect the
ransom. During the interrogation, the accused-petitioners
confessed to having written the ransom letter. Later on, the police
registered a case against the petitioners and commenced the
investigation.
On completion of investigation, police filed challan against
the accused-petitioners. Thereafter, the charges for offence under
Sections 120-B, 384 & 387 of IPC were framed by the trial court
against the accused-petitioners, who pleaded not guilty and
claimed trial.
[2025:RJ-JD:21994] (3 of 4) [CRLR-653/2003]
During the course of trial, the prosecution examined as many
as 13 witnesses in support of its case. Thereafter, statement of the
accused petitioner was recorded under section 313 Cr.P.C.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 29.04.1999 convicted and sentenced
the accused-petitioners for the offence under Sections 120-B, 384
& 387 of IPC. Being aggrieved by the conviction and sentence, the
accused-petitioners preferred an appeal against the conviction and
sentence before learned Additional Session Judge, Shreekaranpur,
District Sri Ganganagar, whereby the appellate court affirmed the
conviction and sentence vide judgment dated 18.07.2003 . Hence, this
criminal 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 1998 and the accused
petitioner No.2 - Kanta Singh has so far suffered a sentence for a
period of 3 months and 18 days and similarly accused-petitioner
No.3 - Nattha Singh has so far suffered a sentence for a period of
2 months and 14 days including remission, out of total sentence of
four years' R.I., therefore, it is prayed that the sentence awarded
to the petitioners for the aforesaid offences may be reduced to the
period already undergone by them.
Learned Advocate General opposed the submissions made by
the learned counsel for the petitioners. The learned AAG
submitted that there is neither any occasion to interfere with the
sentence awarded to the accused petitioner nor any compassion or
sympathy is called for in the said case.
[2025:RJ-JD:21994] (4 of 4) [CRLR-653/2003]
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-petitioners.
Undisputedly, the occurrence relates back to year 1998 and,
the petitioners have so far undergone for certain period of
incarceration including remission, out of total sentence of four years'
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 petitioners has remained behind the bars for
some time, it will be just and proper if the sentence awarded by
the trial court for offence under Sections 120-B, 384 & 387 is
reduced to the period already undergone by the petitioners.
Accordingly, the criminal revision petition is partly allowed.
While maintaining the petitioners' conviction for offence under
Sections 120-B, 384 & 387 of 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
waived if not already deposited by the petitioners. The petitioners
are on bail. They need not surrender. Their bail bond stands
discharged. Pending applications, if any, also stand decided.
Record, if received, be sent back forthwith.
(MANOJ KUMAR GARG),J
2-mSingh/-
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