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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