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Sandeep Kumar vs State Of Rajasthan Through Pp on 25 April, 2017

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR.

ORDER

S. B. CRIMINAL APPEAL No.823/2013.

Sandeep Kumar S/o Satyaveer, B/c Jangir, aged 22 years, R/o Roopapura
(Chuna Ka Bas), P.S. Surajgarh, District Jhunjhunu.

Versus
State of Rajasthan through P.P.

Date of Order :: 25.04.2017

HON’BLE MR. JUSTICE PRASHANT KUMAR AGARWAL

Mr. V. R. Bajwa, for the appellant.

Ms. Meenakshi Pareek, P.P. for the State.

Heard learned counsel for the parties.

The accused-appellant has preferred this criminal appeal under

Section 374 Cr.P.C. against the judgment and order dated 3.10.2013 passed by

the Additional Session Judge No.1, Jhunjhunu, Camp Chirawa in Sessions Case

No.83/2010 whereby the accused-appellant was convicted for the offence under

Section 451 IPC and sentenced to undergo two years simple imprisonment and to

pay a fine of Rs.1000/-, in default thereof to further undergo one month’s simple

imprisonment and also sentenced to undergo two years simple imprisonment with

a fine of Rs.2000/- in default thereof to further undergo one month simple

imprisonment for offence under Section 354 IPC and also sentenced to undergo

ten years rigorous imprisonment and to pay a fine of Rs.5,000/- in default thereof

to further undergo six months simple imprisonment for offence under Section 306

IPC. It was further directed that all the substantive sentences would run

concurrently.

After arguing the appeal on merit for some time, learned counsel for

the appellant submitted that as the appellant has already served substantial part
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of the sentence awarded by the trial Court for the offence under Section 306 IPC,

he does not want to challenge his conviction for the aforesaid offences, but at the

same time it was prayed that looking to the overall facts and circumstances of the

case, the substantive sentence awarded by the trial Court for offence under

Section 306 IPC may be reduced and modified to the extent of sentence of

imprisonment already served/undergone by the appellant.

On the other hand, learned Public Prosecutor submitted that as the

appellant has already served substantial part of the sentence awarded by the trial

Court, this Court may exercise its discretion as prayed by the appellant.

In view of the submissions made on behalf of the appellant, the

conviction of the appellant is, hereby, maintained and the appeal to that extent is

dismissed, but so far as the sentence part of the judgment passed by the trial

Court is concerned, looking to the overall facts and circumstances of the case the

prayer made on behalf of the appellant is accepted. The substantive sentence

awarded to the appellant for offence under Section 306 IPC is reduced and

modified to the extent of sentence already undergone by him. So far as the fine

part of the sentence is concerned, the same is maintained. The default sentence is

also maintained. Sentences for offences under Section 354 IPC and Section 451

IPC are also maintained.

Consequently, the criminal appeal is partly allowed.

(PRASHANT KUMAR AGARWAL),J.

A.Arora/-

Item No.1.

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