Singara Ram vs State

Manoj Kumar Garg, J

Instant criminal appeal has been filed by the appellant against the judgment dated 02.04.2019 passed by learned Additional Sessions Judge No.1, Barmer, in Sessions Case No.67/2017 (1/2018) by which the learned Judge convicted the appellant for offence under Section 304-II of IPC and sentenced him to undergo ten years’ SI and imposed a fine of Rs.5,000/- and in default of payment of fine, to further undergo two months’ S.I.

Brief facts of the case are that on 24.05.2017, the complainant Sardar Khan submitted a written report before concerned Police Station to the effect that when he along with one Saleem Khan and Sahameer was going to Bhare Ka Talla, the present appellant came and pelted stones over the head of Saleem Khan, due to which he fell down from the tractor. The complainant took injured Saleem Khan to Chouhtan Hospital, where he was declared dead. On this report, Police registered the FIR against the accused-appellant and started investigation.

After investigation, the police filed challan against the present appellant. Thereafter, the charge for offence under Section 302 of IPC was framed by the trial court against the appellant, who denied the charge and claimed trial.

During the course of trial, the prosecution examined thirteen witnesses and also exhibited some documents. Thereafter, statement of appellant under section 313 Cr.P.C was recorded.

Upon conclusion of the trial, the learned trial court vide impugned judgment dated 02.04.2019 convicted and sentenced the appellant for offence under Section 304-II of IPC as mentioned earlier.

The sentence of the appellant was suspended by this Court on 22.09.2022, but he failed to submit the bail bonds and therefore, he could not be released from jail.

Learned Public Prosecutor has submitted the custody certificate dated 14.02.2024 received from Central Jail, Jodhpur and according to which, till date the appellant has served total six years, two months and two days in custody, out of ten years of sentence. The said custody certificate is hereby taken on record.

At the threshold, learned counsel for the appellant does not challenge the finding of conviction but it is submitted that since the occurrence relates back to year 2017 and the appellant has so far suffered a sentence of more than six years, out of total sentence of ten years’ S.I., therefore, it is prayed that the substantive sentence awarded to the appellant for the aforesaid offence 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 incident relates back to the year 2017 and the appellant has so far undergone a period of more than six years incarceration, out of the total sentence of ten years’ S.I. so 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 considerable time, it will be just and proper if the sentence awarded by the trial court for offence under Section 304-II of IPC is reduced to the period already undergone by him.

Accordingly, the appeal is partly allowed. While maintaining the appellant’s conviction for offence under Section 304-II of IPC, the sentence awarded to him is reduced to the period already undergone. The amount of fine is hereby waived. The appellant is in jail. He be released forthwith, if not required in any other case.

The record of the trial court, if received, be sent back forthwith.