Ameraram @ Amer vs State Of Rajasthan

Manoj Kumar Garg, J

Instant criminal appeal has been filed by the appellant against the judgment dated 17.01.2003 passed by learned Additional Sessions Judge (Fast Track), Jodhpur, in Sessions Case No.105/2002 by which the learned Judge convicted and sentenced the appellant as under :

Offence U/s 341 IPC: One month’s S.I.

Offence U/s 323/34 IPC: Six months’ S.I.

Offence U/s 324/34 IPC : One year’s S.I. and a fine of Rs.500/-, in default of payment of fine, to further undergo one month’s S.I.

Offence U/s 307 IPC : Seven years’ R.I. and a fine of Rs.2,000/-, in default of payment of fine, to further undergo three months’ R.I.

All the sentences were ordered to run concurrently.

Brief facts of the case are that on 08.07.2002, complainant/injured Kishore gave a parcha bayan at Mahatma Gandhi Hospital to the Police to the effect that on 08.07.2002 in the evening at about 6 PM, when he was standing on the road near Majisa Kirana Store, Mata Ka Kund, accused persons including the appellant came there and the appellant, who was armed with knife, stabbed the complainant in his stomach and other accused persons also started beating the complainant. On this report, Police registered a case against the accused persons for offences under Sections 341, 324, 323 IPC and started investigation.

On completion of investigation, police filed challan against the present appellant. Thereafter, the charges for offence under Sections 341, 324/34, 323/34, 307 IPC were framed by the trial court against the appellant, who pleaded not guilty and claimed trial.

During the course of trial, the prosecution examined as many as twelve witnesses in support of its case and also exhibited some documents. Thereafter, statement of the accused-appellant under section 313 Cr.P.C was recorded.

Upon conclusion of the trial, the learned trial court vide impugned judgment dated 17.01.2003 convicted and sentenced the appellant for the offences as aforesaid. 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 2002 and the accused appellant has so far suffered a sentence of about five years, two months and three days, out of total sentence of seven years’ R.I., therefore, it is prayed that the sentence awarded to the appellant for the aforesaid offences may be reduced to the period already undergone by him.

On the other hand, the learned Public Prosecutor opposed the submissions made by the learned counsel for the appellant. The learned PP 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.

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.

Undisputedly, the occurrence relates back to year 2002 and, the appellant has so far undergone a period of five years, two months and three days incarceration, out of total sentence of seven years’ R.I., and has also suffered the mental agony and trauma of protracted trial. Thus, looking to the over-all circumstances and the fact that the appellant has 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 341, 324/34, 323/34, 307 IPC is reduced to the period already undergone by the appellant.

Accordingly, the appeal is partly allowed. While maintaining the appellant’s conviction and sentence for offence under Sections 341, 324/34, 323/34, 307 IPC, the sentence awarded to him is hereby reduced to the period already undergone. The fine amount is also hereby waived. The appellant is in jail. He may be released forthwith if not required in any other case.

Record, if received, be sent back forthwith.