The court upheld the conviction under Section 304 Part-II IPC but reduced the sentence to the time already served, considering the appellant's incarceration and circumstances of the case.

JUDGMENT :

(MANOJ KUMAR GARG, J.)

1. Instant criminal appeal has been filed by the appellant against the judgment dated 02.11.2022 passed by learned Additional District & Sessions Judge No.2, Nimbahera, District Chittorgarh, in Sessions Case No.15/2020 by which the learned Judge convicted the appellant for offence punishable under Section 304 Part-II and sentenced him to under 7 years’ R.I. and imposed a fine of Rs.5,000/-, in default of payment of fine to undergo five months’ S.I.

2. The period spent in judicial custody shall be adjusted in the original imprisonment. 

3. Brief facts of the case are that on 22.02.2020, complainant Mukesh Chandra submitted a written report before SHO, Police Station Nimbahera alleging that today at about 6 PM, his brother Amritram was consuming liquor with the present petitioner and his father Kaluram. When complainant went to call Amritram, he saw that the present petitioner and his father were quarreling with his brother over money dispute and thereafter, both the accused hit Amritram with a lath due to which he fell down and later on died on his way to the hospital. On this report, Police registered a case against the accused appellant for the offence punishable under Sections 302 & 120-B of IPC and started investigation.

4. On completion of investigation, police filed challan against the accused-appellant. Thereafter, the trial court framed charges against the accused-appellant for offence under Sections 302 & 120-B of IPC , who pleaded not guilty and claimed trial.

5. During the course of trial, the prosecution examined as many as 12 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.

6. Upon conclusion of the trial, the learned trial court vide impugned judgment dated 02.11.2022 convicted and sentenced the appellant for the offence punishable under Section 304 Part-II of IPC . Hence, this criminal appeal.

7. 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 2020 and the accused appellant has so far suffered a sentence of about 5 years, out of total sentence of seven years’ R.I., therefore, it is prayed that the sentence awarded to the appellant for the aforesaid offence may be reduced to the period already undergone by him.

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

9. 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.

10. Undisputedly, the occurrence relates back to year 2020 and, the appellant has so far undergone a period of about five years 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 Section 304 Part-II of IPC is reduced to the period already undergone by the appellant.

11. Accordingly, the appeal is partly allowed. While maintaining the appellant’s conviction for offence under Section 304 Part-II of IPC, the sentence awarded to him for the said offence is hereby reduced to the period already undergone. The fine imposed by the trial court is hereby waived. The accused-appellant is in custody and shall be released forthwith, if not required in any other case.

12. Pending applications, if any, stands decided.

13. Record, if received, be sent back forthwith.