Ridmal And Anr vs State (2025:Rj-Jd:23840) on 16 May, 2025

Rajasthan High Court – Jodhpur

Ridmal And Anr vs State (2025:Rj-Jd:23840) on 16 May, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:23840]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                     S.B. Criminal Appeal No. 4/1998
1. Ridmal S/o Kishna,
2. Babu S/o Kishan, Both By caste Meghwal, R/o Malpura, Tehsil
Gudamalani, District Barmer.
                                                                       ----Appellant
                                      Versus
State of Rajasthan
                                                                     ----Respondent


For Appellant(s)            :     Mr. Suresh Kumbhat with Mr. Sheetal
                                  Kumbhat and Mr. Naman Bhansali
For Respondent(s)           :     Mr. Kuldeep Singh Kumpawat, Asst. to
                                  Mr. Deepak Choudhary, AAG


      HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order
16/05/2025

Instant criminal appeal has been filed by the appellants

against the judgment dated 18.12.1997 passed by learned Addl.

District & Session Judge Barmer, in Session Case No.30/1997 by

which the learned Judge convicted and sentenced the appellants

as under :-

S.No.      Offence          Sentence                Fine           Sentence        in
                                                                   default of fine
  1.    323 IPC           6 months' SI               ---                  ---
  2.    325/34IPC         1 year's SI          Rs.2,000/-            1 month's SI

Both the sentences were ordered to run concurrently.

Brief facts of the case are that on 14.07.1997, complainant

Birhdaram gave a report before the concerned Police Station to

the effect that his nephew Chatura was married with Kabu. On

13.07.1997 he alongwith Gordhan, Rama and Chatura went to the

village of Kabu, where some scuffle took place and the appellants

alongwith some other individuals gave beating to them. On this

report, Police registered a case against the accused-appellants and

started investigation.

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[2025:RJ-JD:23840] (2 of 3) [CRLA-4/1998]

On completion of investigation, police filed challan against

the accused-appellants. Thereafter, the charges for offence under

Sections 307, 323 & 325/34 IPC were framed by the trial court

against the accused-appellant, who pleaded not guilty and claimed

trial.

During the course of trial, the prosecution examined as many

as sixteen 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. In defence, two witnesses were

examined.

Upon conclusion of the trial, the learned trial court vide

impugned judgment dated 19.12.1997 convicted and sentenced

the accused-appellants for the offences as aforesaid and acquitted

him for offence 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 1997 and the accused

appellants has so far suffered a sentence for certain period including

remission, out of total sentence of one year’s 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.

Learned Asst. to Addl. Advocate General opposed the

submissions made by the learned counsel for the appellants. The

learned AAG 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.

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[2025:RJ-JD:23840] (3 of 3) [CRLA-4/1998]

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.

Undisputedly, the occurrence relates back to year 1997 and,

the appellants have so far undergone for certain period of

incarceration including remission, out of total sentence of one year’s

S.I., and has also suffered the mental agony and trauma of

protracted trial. The appellant has served the sentence for offence

under Sections 323 & 325/34 342 IPC. Thus, looking to the over-

all circumstances and the facts 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 for offence under

Sections 323 & 325/34 IPC is reduced to the period already

undergone by the appellants.

Accordingly, the appeal is partly allowed. While maintaining

the appellant’s conviction for offence under Sections 323 & 325/34

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 maintained. Two months’

time is granted to deposit the fine before the trial court. In default of

payment of fine, the appellants shall undergo one month’s simple

imprisonment. Appellants are on bail. They need not surrender.

Their bail bond stands discharged. Record, if received, be sent back

forthwith.

(MANOJ KUMAR GARG),J
78-Ishan/-

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