Rajasthan High Court - Jodhpur
Pakkiya @Pukhraj vs State (2025:Rj-Jd:49336) on 17 November, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:49336]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 350/1997
Pakkiya @ Pukhraj S/o Budha Ram R/o Ahore, District Jalore.
----Appellant
Versus
State of Rajasthan
----Respondent
For Appellant(s) : Mr. Jayant Jain
Ms. Urvashi Kalla
For Respondent(s) : Mr. Pawan Kumar Bhati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
17/11/2025
1. Instant criminal appeal has been filed by the appellant
against the judgment dated 14.07.1997 passed by learned
Sessions Judge, Jalore in Sessions Case No.13/1997 by which the
learned Judge convicted and sentenced the appellant for offence
as under:-
Offence Sentence Fine Sentence in
default of fine
Section 307 IPC 4 years' RI Rs.2,000/- 6 months' R.I.
2. The period spent in judicial custody shall be adjusted in the
original imprisonment.
3. Brief facts of the case are that on 12.11.1996, injured
Chagan gave a statement to the Police that at about 05:30 PM he
was standing in his uncle's house. At that time when accused-
appellant came there, the injured asked him that why he had
written an inappropriate letter to one Noparam's daughter. Upon
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[2025:RJ-JD:49336] (2 of 3) [CRLA-350/1997]
asking this, the appellant got angry and caused three knife blows
to Chagan with an intention to kill him. On this report, Police
registered a case against the accused appellant and started
investigation.
4. On completion of investigation, police filed challan against
the accused-appellant. Thereafter, the trial court framed charges
against the accused-appellant for offence punishable under
Section 307 IPC.
5. During the course of trial, the prosecution examined as many
as 12 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.
6. Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 14.07.1997 convicted and sentenced
the appellant for the offence as aforesaid. Hence, this criminal
appeal.
7. 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 1996 and the accused
appellant has so far suffered a sentence of more than a year out
of total sentence of four years' R.I., therefore, it is prayed that the
sentence awarded to the appellant for the aforesaid offence may
be reduced to the period already undergone by them.
8. On the other hand, the learned Public Prosecutor opposed
the submissions made by the learned counsel for the appellant.
The learned Public Prosecutor submitted that there is neither any
occasion to interfere with the sentence awarded to the accused
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[2025:RJ-JD:49336] (3 of 3) [CRLA-350/1997]
appellant 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 trial court regarding
conviction of the accused-appellant.
10. Undisputedly, the occurrence relates back to year 1996 and,
the appellant has so far undergone a considerable period of
incarceration, 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 fact 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 is
reduced to the period already undergone by the appellant.
11. Accordingly, the appeal is partly allowed. While maintaining
the appellant' conviction for offences under Section 307 of IPC,
the sentence awarded to him for the said offence is hereby
reduced to the period already undergone. The fine imposed by the
trial court, if not already deposited by the appellant, is hereby
waived. The appellant is on bail. He need not surrender. His bail
bonds are discharged.
12. Record, if received, be sent back forthwith.
(MANOJ KUMAR GARG),J
25-Rashi/-
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