Rajasthan High Court - Jodhpur
Laxman vs State (2025:Rj-Jd:49334) on 17 November, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:49334]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 415/1996
Laxman S/o Panna, By caste Baori, R/o Bambora, Tehsil
Pratapgarh, District Chittorgarh.
----Appellant
Versus
State of Rajasthan
----Respondent
For Appellant(s) : Mr. Jayant Jain with
Ms. Urvashi Kalla
For Respondent(s) : Mr. Pawan Kumar Bhati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
17/11/2025
Instant criminal appeal under Section 374(ii) Cr.P.C. has
been filed by the appellant against the judgment dated
10.07.1996 passed by learned Special Judge-cum-Addl. Sessions
Judge, Pratapgarh in Session Case No.115/1992 (7/86) by which
the learned Judge convicted the appellant for offence under
Section 307 IPC and sentenced him to two years' rigorous
imprisonment and a fine of Rs.2,000/- and in default of payment
of fine he shall further undergo three months' rigorous
imprisonment.
Brief facts of the case are that on 01.07.1985 Mangilal
Chhabra, gave an information at Police Station Chhoti Sadri to the
effect that they have wells in village Charlia and there is a lis
pending in the Court of Sub Divisional Magistrate. On 01.07.1985
his brother-in-law Bhagchand went to the well then accused-
appellant alongwith other persons came with lathis, axe and other
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[2025:RJ-JD:49334] (2 of 3) [CRLA-415/1996]
weapons and attacked on Bhagchand. In the said incident,
Bhagchand received various injuries and after hearing his hue and
cry, some persons came there and rescued him. A case was
registered against the accused-appellant and started investigation.
On completion of investigation, police filed challan against
the accused-appellant. Thereafter, the charges for offence under
Section 307 IPC were framed by the trial court against the present
accused-appellant, who pleaded not guilty and claimed trial.
During the course of trial, the prosecution examined as many
as twelve 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.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 10.07.1996 convicted and sentenced
the accused-appellant for the offences under Section 307 IPC.
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 1985 and the accused
appellant has so far suffered a sentence for a period of more than
eight months including remission, out of total sentence of two years'
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 Public Prosecutor opposed the submissions made by
the learned counsel for the appellant. The learned PP submitted
that there is neither any occasion to interfere with the sentence
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[2025:RJ-JD:49334] (3 of 3) [CRLA-415/1996]
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.
Undisputedly, the occurrence relates back to year 1985 and,
the appellant has so far undergone for a period of more than eight
months of incarceration including remission, out of total sentence of
two years' R.I., and has also suffered the mental agony and
trauma of protracted trial. The appellant has served the sentence
for offence under Section 307 IPC. 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 307 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 307 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. Appellant is
on bail. He need not surrender. His bail bond stands discharged.
Record, if received, be sent back forthwith.
(MANOJ KUMAR GARG),J
4-Ishan/-
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