Rajasthan High Court – Jodhpur
Rehmat Ali vs State (2025:Rj-Jd:30499) on 12 July, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:30499]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 584/1996
Rehmat Ali S/o Jahoor Ali, R/o Kachhi Basti, Machhala Magra,
Udaipur.
----Appellant
Versus
State of Rajasthan, through PP
----Respondent
For Appellant(s) : Mr. Chakraverty Singh Rathore
For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG
Mr. K.S. Kumpawat, AAAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
12/07/2025
Instant criminal appeal has been filed by the appellant under
Section 374(2) Cr.P.C. against the judgment dated 30.11.1996
passed by learned Additional Sessions Judge No.1, Udaipur, in
Session Case No.33/1994 by which the learned Judge convicted
and sentenced the appellant as under:
Offence Sentence Fine & default sentence Sec. 307 IPC 5 years' RI Rs.100/- & in default of payment, undergo 3 months' SI
Brief facts of the case are that the complainant Shabbir
Hussain, lodged an FIR before SHO, PS Ambamata, Udaipur to
the effect that his father Hamid Hussain was owner of a garrage,
in which present appellant used to work. Hamid Hussain was not
satisfied with the work of accused-appellant, so he expelled him
from work. As a result of which accused-appellant developed
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[2025:RJ-JD:30499] (2 of 3) [CRLA-584/1996]
grudge against Hamid Hussain and stabbed him. On the said
report, Police registered a case against the appellant and started
investigation.
On completion of investigation, the police filed challan
against the accused appellant before the trial court. Thereafter,
the charges of the case were framed against the appellant, who
denied the same and claimed trial.
During the course of trial, the prosecution examined nine
witnesses and various documents. Thereafter, statement of the
appellant under section 313 Cr.P.C was recorded.
Upon conclusion of the trial, the learned trial court vide
impugned judgment dated 30.11.1996 convicted the appellant for
offence under Section 307 IPC and sentenced him as mentioned
above.
At the threshold, counsel for the appellant does not
challenge the finding of conviction but it is submitted that the
occurrence relates back to year 1994 and the appellant had
remained in jail for about three months. No other case has been
reported against him. He hails from a very poor family and belongs
to the weaker section of the society. He has been facing trial since
the year 1994 and he has languished in jail for some time, therefore,
a lenient view may be taken in reducing his sentence.
On the other hand, the learned Additional Advocate General
opposed the submissions made by the learned counsel for the
appellant. The learned AAG submitted that there is neither any
occasion to interfere with the sentence awarded to the accused
appellant nor any compassion or sympathy is called for in the said
case.
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[2025:RJ-JD:30499] (3 of 3) [CRLA-584/1996]
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-appellant.
It is not disputed that the occurrence has taken place in the
year 1994 and the accused-appellant has so far undergone a
period of about three months’ incarceration, out of total sentence
of five years R.I. and so also suffered the mental agony and
trauma of protracted trial. Thus, looking to the over-all
circumstances and the fact that the accused-appellant has
remained behind the bars for considerable time, it will be just and
proper if the sentence awarded by the trial court for offence under
Section 307 IPC is reduced to the period already undergone by
him.
Accordingly, the criminal appeal is partly allowed. While
maintaining the appellant’s conviction for offence under Section
307 IPC, the sentence awarded to him for aforesaid offences is
hereby reduced to the period already undergone. The fine amount
is also waived, if not deposited. The appellant is on bail. He need
not surrender. His bail bonds stand discharged.
The record of the courts below be sent back forthwith.
(MANOJ KUMAR GARG),J
53-GKaviya/-
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