Rajpal vs State Of Rajasthan

Instant jail appeal has been filed by the appellant against the judgment dated 02.02.2016 passed by the learned Additional Sessions Judge No.2, Hanumangarh, by which the trial court convicted and sentenced the appellant for offence under Sections 326, 325 & 323 IPC as under:-

Offence

Sentence

u/Sec. 326 IPC

To undergo 7 years Rigorous Imprisonment and to pay a fine of Rs.3000/-; in default of payment of fine to further undergo 2 months Rigorous Imprisonment.

U/Sec. 325 IPC

To undergo 3 years Rigorous Imprisonment and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo 15 days Rigorous Impjrisonment.

u/Sec. 323 IPC

To undergo 6 months imprisonment and to pay a fine of Rs.500/- and in default of payment of fine to further undergo 5 days imprisonment

All the sentences were ordered to run concurrently.

Learned counsel for the appellant at the threshold submits that he does not want to challenge the conviction recorded by the learned trial court but he submits that accused-appellant is facing trial since 2012. During this period, he already suffered a mental agony & trauma and he already undergone a total period of 5 years 6 months and 6 days. It is prayed that the substantive 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 submission made by the learned counsel for the appellant and submitted that there is neither any occasion to interfere with the sentence awarded to the accused petitioner nor any compassion or sympathy is called for in the said case.

I have considered the arguments advanced by the learned counsel for the parties and perused the judgments passed by both the courts below.

It is not disputed that the appellant is facing the trial since 2012. During this period, he also suffered the agony and trauma of protracted trial. It is evident from the letter dated 19.01.2019 received from the Deputy Superintendent, Central Jail, Bikaner that the appellant has already undergone a period of 5 years 6 months and 6 days out of total sentence of 7 years imprisonment. Looking to the over-all circumstances, this Court is of the opinion that ends of justice would be met if the substantive sentence of imprisonment awarded by the trial court for offence under Section 326 IPC i.e. 7 years rigorous imprisonment to the appellant is reduced to the period of imprisonment already undergone by him i.e. 5 years 6 months and 6 days.

In the result, the criminal jail appeal is partly allowed. The conviction of the appellant for offence under Sections 326, 325 & 323 IPC is maintained. However, the sentence awarded to the appellant qua offence under Section 326 IPC is modified from 7 years R.I. to the period already undergone by him, which is 5 years 6 months and 6 days. So far as fine part in respect of 326 IPC is concerned, the same is set aside. Accused-appellant is in custody. He shall be set at liberty if not required in any other case.