Rajasthan High Court – Jodhpur
Devi Lal And Ors vs State (2025:Rj-Jd:30496) on 12 July, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:30496]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 473/1996
1. Devil Lal S/o Dal Chand Khatik, R/o Kothariya, Tehsil,
Nathdwara, District Rajsamand
2. Devil Lal S/o Piyarchand Khatik, R/o Kothariya, Tehsil,
Nathdwara, District Rajsamand
3. Piyarelal @ Mohan S/o Manji Khatik, R/o Kothariya, Tehsil,
Nathdwara, District Rajsamand
4. Piyarelal S/o Prathaji Gameti, R/o Kothariya, Tehsil,
Nathdwara, District Rajsamand
----Appellant
Versus
The State of Rajasthan
----Respondent
For Appellant(s) : Mr. Chakravarti Singh Rathore
For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG
with Mr. Kuldeep Singh Kumpawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
12/07/2025
Instant criminal appeal has been filed by the appellant
against the judgment dated 11.09.1996 passed by learned District
& Session Judge, Rajsamand, in Session Case No.150/1991 by
which the learned Judge convicted and sentenced the appellants
as under :-
Offence Sentence Fine Sentence in default
of fine
3/7 of Essential 1 year’s RI Rs.500/- 3 months’ RI
Commodities ActBrief facts of the case are that the police apprehended the
appellants during routine patrolling and seized a total of 1035
liters of diesel stored in drums and jerrycans which the appellants
had stored for sale. Thereafter, Police registered a case against
the accused-appellants and started investigation.
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[2025:RJ-JD:30496] (2 of 3) [CRLA-473/1996]On completion of investigation, police filed challan against
the accused-appellants. Thereafter, the charges for offence under
Section 3/7 of Essential Commodities Act were framed by the trial
court against the accused-appellants, who pleaded not guilty and
claimed trial.
During the course of trial, the prosecution examined as many
as 12 witnesses in support of its case. Thereafter, statement of the
accused appellants was recorded under section 313 Cr.P.C.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 11.09.1996 convicted and sentenced
the accused-appellants for the offence under Section 3/7 of
Essential Commodities Act. Hence, this criminal appeal.
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 1990 and the accused
appellants have so far suffered a sentence for period of four days
including remission, out of total sentence of one year’s R.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 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.
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.
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[2025:RJ-JD:30496] (3 of 3) [CRLA-473/1996]
Undisputedly, the occurrence relates back to year 1990 and,
the appellants have so far undergone for certain period of
incarceration including remission, out of total sentence of one year’s
R.I., and has also suffered the mental agony and trauma of
protracted trial. Thus, looking to the over-all circumstances and
the facts that the appellants has remained behind the bars for a
period of four days, it will be just and proper if the sentence
awarded by the trial court for offence under Sections 3/7 of
Essential Commodities Act is reduced to the period already
undergone by the appellants.
Accordingly, the appeal is partly allowed. While maintaining
the appellants’ conviction for offence under Section 3/7 of
Essential Commodities Act, the sentence awarded to them 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 by the appellants. Appellants are on bail.
They need not surrender. Their bail bond stands discharged.
Record, if received, be sent back forthwith.
(MANOJ KUMAR GARG),J
51-mSingh/-
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