IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR.
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.
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
After arguing the appeal on merit for some time, learned counsel for
the appellant submitted that as the appellant has already served substantial part
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.