Rajasthan High Court - Jodhpur
Mohanlal vs State (2025:Rj-Jd:24753) on 21 May, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:24753]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 673/2004
Mohanlal S/o Late Shri Kesha Ram Ji, B/c Seervi, R/o Banta,
Tehsil Marwar Junction, District Pali (Raj.)
(presently lodged in District Jail, Pali)
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Manohar Das Vaishnav
For Respondent(s) : Mr. KS Kumpawat, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
21/05/2025
Instant revision petition under Section 397/401 Cr.P.C. has
been filed by the petitioner challenging the judgment dated
24.06.2004 passed by learned Sessions Judge, Pali in Criminal
Appeal No.46/2003 by which the appellate court partly allowed the
appeal and while maintaining the conviction of the petitioner for
offence under Sections 498A & 323 IPC as passed by the learned
Chief Judicial Magistrate, Pali vide judgment dated 23.03.2002 in
Cr. Case No.180/1997, reduced his sentence. The details of
reduced sentence of the petitioner is as under :
Offence Sentence Fine Default sentence
Sec. 498A IPC 6 months SI Rs.200/- 1 month SI
Sec. 323 IPC -- Rs.200/- 7 days SI
Both the sentences were ordered to run concurrently.
[2025:RJ-JD:24753] (2 of 4) [CRLR-673/2004]
Brief facts of the case are that complainant Phauri submitted
a complaint under Section 156(3) Cr.P.C. before the concerned
Court to the effect that her marriage was solemnized with the
petitioner about three years ago. After some time of marriage,
complainant's husband (present petitioner), father-in-law &
brother-in-law (Jeth) started harassing her for bringing less dowry
and also gave beatings and subsequently, the petitioner ousted
the complainant from the matrimonial home.
The said complaint was forwarded to Police Station Kotwali
under Section 156(3) Cr.P.C. Upon which, FIR for offence under
Sections 498A & 323 IPC was registered and investigation
commenced.
On completion of investigation, the police filed the challan for
offence under Sections 498A & 323 IPC. Thereafter, the trial court
framed the charge against the accused-petitioner, who denied the
charge and claimed trial.
During the course of trial, the prosecution examined seven
witnesses and also exhibited certain documents. 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 23.03.2002 convicted and sentenced
the accused-petitioner for offence under Sections 498A & 323 of
IPC.
Aggrieved by his conviction and sentence, the petitioner
preferred an appeal before the learned appellate court, which
came to be partly allowed vide judgment dated 24.06.2004.
Hence this revision petition.
[2025:RJ-JD:24753] (3 of 4) [CRLR-673/2004]
At the threshold, counsel for the petitioner does not
challenge the finding of conviction but it is submitted that the
occurrence relates back to year 1997 and the petitioner has so far
suffered a sentence of more than three months, out of total
sentence of six months S.I. In such circumstances, it is prayed
that the substantive sentence awarded to the accused-petitioner
for the offence under Sections 498A & 323 IPC may be reduced to
the period already undergone by him.
On the other hand, the learned Public Prosecutor opposed
the submissions made by the learned counsel for the accused-
petitioner. The learned PP 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.
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-petitioner.
It is not disputed that the occurrence has taken place in the
year 1997 and the accused-petitioner has so far undergone a
period of more than three months incarceration, out of total
sentence of six months S.I., and so also suffered the mental
agony and trauma of protracted trial. Thus, looking to the over-all
circumstances and the fact that the accused-petitioner has
remained behind the bars for considerable time, it will be just and
proper if the sentence awarded by the trial court for offence under
Sections 498A & 323 IPC and modified by the appellate court is
reduced to the period already undergone by him.
[2025:RJ-JD:24753] (4 of 4) [CRLR-673/2004]
Accordingly, the criminal revision petition is partly allowed.
While maintaining the petitioner's conviction for offence under
Sections 498A & 323 IPC, the sentence awarded to him for
aforesaid offence is hereby reduced to the period already
undergone. The fine amount is hereby waived. The petitioner is on
bail. He need not surrender. His bail bonds are discharged.
The record of the courts below be sent back forthwith.
(MANOJ KUMAR GARG),J
8-MS/-
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