Rajasthan High Court - Jodhpur
Babuda And Ors vs State (2025:Rj-Jd:24882) on 21 May, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:24882]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 533/2006
1. Babuda S/o Pratap, Resident of Village Baghiyada, Tehsil -
Raipur, District - Pali.
2. Panchiya S/o Pratap, Resident of Village Baghiyada, Tehsil -
Raipur, District - Pali.
3. Madiya S/o Labhu, Resident of Village Baghiyada, Tehsil -
Raipur, District - Pali.
(Lodged at Central Jail, Jodhpur)
----Petitioner
Versus
State of Rajasthan, through Public Prosecutor.
----Respondent
For Petitioner(s) : Ms. Sampatti Choudhary
For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG
Mr. P.K. Bhati, PP
Mr. Karan Singh for
Mr. D.S. Udawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
21/05/2025
1. Instant revision petition has been filed by the petitioners against
the judgment dated 22.06.2006 passed in Cr. Appeal No.19/2005
(01/2000) by learned Additional Sessions Judge, Fast Track No.1, Pali,
Headquarter- Jaitaran, District Pali, by which the appellate court
dismissed the petitioners' appeal and upheld the judgment dated
03.12.1999 passed in Regular Cr. Case No.158/1981 (173/1992) by
learned Civil Judge and Additional Chief Judicial Magistrate, Jaitaran by
which the learned trial court convicted and sentenced the petitioners as
under:-
[2025:RJ-JD:24882] (2 of 4) [CRLR-533/2006]
Accused-petitioner No.1 - Babuda
Offence Sentence Fine Sentence in
default of fine
Sec.326 IPC 3 years' R.I. Rs.500/- 1 month's R.I.
Sec.325 IPC 1 1/4 years' R.I. Rs.250/- 15 days' R.I.
Sec.324/149 IPC 1 year's R.I. - -
Sec.323/149 IPC 3 months' R.I. - -
Sec.147 IPC 6 months' R.I. - -
Sec.148 IPC 1 years' R.I. - -
Accused-petitioner No.2- Panchiya
Offence Sentence Fine Sentence in
default of fine
Sec.326 IPC 3 years' R.I. Rs.500/- 1 month's R.I.
Sec.325 IPC 1 1/4 years' R.I. Rs.250/- 15 days' R.I.
Sec.324 IPC 1 year's R.I. - -
Sec.323/149 IPC 3 months' R.I. - -
Sec.147 IPC 6 months' R.I. - -
Sec.148 IPC 1 years' R.I. - -
Accused-petitioner No.3- Madiya
Offence Sentence Fine Sentence in
default of fine
Sec.326 IPC 3 years' S.I. Rs.500/- 1 month's S.I.
Sec.325/149 IPC 1 1/4 years' S.I. Rs.250/- 15 days' S.I.
Sec.324/149 IPC 1 year's S.I. - -
Sec.323/149 IPC 3 months' S.I. - -
Sec.147 IPC 6 months' S.I. - -
Sec.148 IPC 1 years' S.I. - -
All the sentences were ordered to run concurrently.
2. Brief facts of the case are that on 26.03.1981, the complainant
Jeevan Singh, submitted a written report at Police Station Jaitaran,
District Pali to the effect he along with his brothers were coming from
Nimaj to Akeli on cycles. When they were about to reach Akeli, accused-
petitioners and co-accused persons came and assaulted them with
lathis. On the said report, an FIR was registered and after usual
[2025:RJ-JD:24882] (3 of 4) [CRLR-533/2006]
investigation, charge-sheet came to be submitted against the present-
petitioners in the Court concerned.
3. Thereafter, the trial court framed the charges against the
petitioners for offence under Section 147, 149, 148, 326, 325, 324 &
323/149 of IPC, who pleaded not guilty and claimed trial.
4. During the course of trial, the prosecution examined as many as
17 witnesses in support of its case and exhibited various documents.
Thereafter, statement of the accused-petitioners under section 313
Cr.P.C was recorded. In defence, 2 witnesses were examined and certain
documents were exhibited.
5. Upon conclusion of the trial, the learned trial court vide impugned
judgment dated 03.12.1999 convicted and sentenced the accused-
petitioners for aforesaid offence.
6. 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 22.06.2006. Hence, this revision
petition.
7. At the threshold, learned counsel for the accused-petitioners
submits that he do not challenge the finding of conviction but since the
occurrence is related to the year 1981 and out of total sentence of three
years' R.I., the accused petitioners have already served more than one
month of imprisonment, 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.
8. On the other hand, learned Additional Advocate General opposed
the submissions made by the learned counsel for the accused-
petitioners and submitted that there is neither any occasion to interfere
[2025:RJ-JD:24882] (4 of 4) [CRLR-533/2006]
with the sentence awarded to the accused petitioners nor any
compassion or sympathy is called for in the said case.
9. 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.
10. Undisputedly, the incident relates back to the year 1981 and the
petitioners have so far undergone a period of more than one month in
custody out of three years of total sentence, so also suffered the agony
and trauma of protracted trial. Thus, looking to the over-all
circumstances and the fact that the petitioner have remained behind the
bars for some time, it will be just and proper, if the sentence awarded
by the trial court for the aforesaid offences is reduced to the period
already undergone by the petitioners.
11. Accordingly, the revision petition is partly allowed. While
maintaining the petitioner's conviction for the aforementioned offences,
the sentence awarded to them for the aforesaid offences is hereby
reduced to the period already undergone. The fine amount imposed by
the trial Court is hereby maintained. Two months' time is granted to
deposit the fine amount before the trial Court, if not already deposited.
In default of payment of fine, the petitioners shall undergo one month
S.I. The petitioners are on bail. They need not surrender. Their bail
bonds are discharged. Pending applications, if any, shall stand disposed
of.
12. The record of trial Court as well as the appellate court be sent
back forthwith.
(MANOJ KUMAR GARG),J
21-GKaviya/-
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