Mahipal And Ors vs State (2024:Rj-Jd:23595) on 23 May, 2024

[Cites 10, Cited by 0]

Rajasthan High Court - Jodhpur

Mahipal And Ors vs State (2024:Rj-Jd:23595) on 23 May, 2024

1. Instant criminal appeal has been filed by the appellants against the judgment dated 04.10.2016 passed by learned Additional Sessions Judge, Shahpura, District Bhilwara in Sessions Case No.86/2009 by which the learned Judge convicted and sentenced the appellants as under :

S.No.        Offence        Sentence                 Fine          Sentence       in
                                                                   default of fine
     1.    147 IPC      6 months' S.I. Rs.200/-                    1 month S.I.
     2.    452 IPC      2 years' S.I.             Rs.1,000/-       2 months' S.I.
     3.    332 IPC      1 year S.I.               Rs.1,000/-       2 months' S.I.
     4.    353 IPC      6 months' S.I. Rs.500/-                    1 month S.I.

2. All the sentences were ordered to run concurrently and the period spent in judicial custody shall be adjusted in the original imprisonment.

3. A letter dated 17.01.2024 has been received from learned Additional Sessions Judge, Shahpura, District Bhilwara informing appellant No.8 - Nirmal S/o Shri Pratap has passed away on 12.04.2023 and his death certificate has also been annexed along with the letter. Hence, the criminal appeal is dismissed as abated in respect of appellant No.8 - Nirmal S/o Shri Pratap.

4. Brief facts of the case are that on 08.06.2008, complainant Chandra Prakash SHO, Police Station Pander submitted a written report to the effect that at around 10:30 AM he along with constable Kalu Ram, Vishram & Suresh Chandra was standing in front of the Police Station Kanjar Colony, Pander. A tractor bearing registration No.RJ06/RA-0873 was coming from Palasiya (Downloaded on 24/05/2024 at 09:12:12 PM) [2024:RJ-JD:23595] (3 of 5) [CRLA-939/2016] thereafter, it was stopped for checking and upon asking the driver he told his name as Mahipal. Upon asking for documents of tractor, he told that the said tractor is stolen and he has no documents of the tractor. Thereafter, the tractor along with trolly containing gravel was seized and the usual procedure was commenced, and upon asking the tractor driver to sign and put a thumb impression he started yelling and denied to sign and put his thumb impression. Thereafter, the present petitioners alongwith some other persons entered the Police Station and started scuffling & pelting stones and took away the petitioner No.1 - Mahipal. On this report, Police registered a case for offences under Sections 147, 452, 332, 353, 224, 336 & 436 IPC and Section 3 of PDPP Act against the accused appellants and started investigation.

5. On completion of investigation, police filed challan against the accused-appellants. Thereafter, the trial court framed charges against the accused-appellants for offences under Sections 147, 452, 332, 353, 336 & 436 IPC, who pleaded not guilty and claimed trial.

6. During the course of trial, the prosecution examined as many as 13 witnesses in support of its case and also exhibited 25 documents. Thereafter, statements of the accused-appellants were recorded under section 313 Cr.P.C.

7. Upon conclusion of the trial, the learned trial court vide impugned judgment dated 04.10.2016 convicted and sentenced the appellants for the offences as aforesaid. Hence, this criminal appeal.

(Downloaded on 24/05/2024 at 09:12:12 PM) [2024:RJ-JD:23595] (4 of 5) [CRLA-939/2016]

8. At the threshold, learned counsel for the accused-appellants submits that he does not challenge the finding of conviction but since the occurrence is related to the year 2008 and the accused appellants viz., Mahipal, Amar Chand, Dilip, Smt. Sumitra, Smt. Parvati, Pokhar, Smt. Radha Devi have so far suffered a sentence of about seven days and accused appellants viz., Kailash & Surendra have so far suffered a sentence of about two days and accused appellant Parmeshwar has so far suffered a sentence of about four days, out of total sentence of two years' S.I., therefore, it is prayed that the sentence awarded to the appellants for the aforesaid offences may be reduced to the period already undergone by them.

9. On the other hand, the learned Public Prosecutor opposed the submissions made by the learned counsel for the appellants. The learned PP submitted that there is neither any occasion to interfere with the sentence awarded to the accused appellants nor any compassion or sympathy is called for in the said case.

10. 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-appellants.

11. Undisputedly, the occurrence relates back to year 2008 and, the appellants have so far undergone remained in judicial custody for some time, out of total sentence of two years' S.I., and have also suffered the mental agony and trauma of protracted trial. Thus, looking to the over-all circumstances and the fact that the appellants have remained behind the bars for a considerable time, it will be just and proper if the sentence awarded by the trial court (Downloaded on 24/05/2024 at 09:12:12 PM) [2024:RJ-JD:23595] (5 of 5) [CRLA-939/2016] for offences under Sections 147, 452, 332 & 353 IPC is reduced to the period already undergone by the appellants.

12. Accordingly, the appeal is partly allowed. While maintaining the appellants' conviction for offences under Sections 147, 452, 332 & 353 IPC, the sentence awarded to them for the said offences is hereby reduced to the period already undergone. The fine imposed by the trial court is hereby maintained. Two months' time is granted to deposit the fine amount before the trial Court. In default of payment of fine, the appellants shall undergo one month S.I. The appellants are on bail. They need not surrender. Their bail bonds are discharged.

13. Pending applications, if any, shall stands disposed of.

14. Record, if received, be sent back forthwith.

(MANOJ KUMAR GARG),J 136-Rashi/-

(Downloaded on 24/05/2024 at 09:12:12 PM) Powered by TCPDF (www.tcpdf.org)

Unlock Advanced Research with PRISMAI

Rajasthan High Court - Jodhpur