Judgment

19/03/2025 Instant revision petition under Section 397/401 Cr.P.C. has been filed by the petitioner challenging the judgment dated 08.08.2007 passed by learned Sessions Judge, Pali (hereinafter referred to as ‘the appellate court’) in Criminal Appeal No.59/2006 by which the appellate court partly allowed the appeal of the petitioner and acquitted the petitioner from offence under Sections 324, 451 IPC and convicted and sentenced him for offence under Section 447 IPC instead of Section 451 IPC, while maintaining his conviction and sentence for offence under Section 326, 323 IPC, as awarded by the learned Chief Judicial Magistrate, Pali in Cr. Original Case No.26/2004 vide judgment dated 01.08.2006. The details of the conviction and sentence of the petitioner as awarded by the appellate court are as under :

All the sentences were ordered to run concurrently.

Brief facts of the case are that on 04.11.2003, Amar Singh submitted a written report on behalf of the complainant Jai Singh before the Police Station to the effect that the accused-petitioner assaulted the complainant Jai Singh and his wife with lathi and axe. On the said report, FIR was registered against the accused petitioner and investigation commenced.

On completion of investigation, the police filed challan against the accused-petitioner. Thereafter, the trial court framed charges against the accused petitioner for offences under Sections 452, 354, 326, 324, 323 IPC, who pleaded not guilty and claimed trial.

During the course of trial, the prosecution examined as many as 16 witnesses and exhibited certain documents in support of its case. Thereafter, statement of the accused petitioner was recorded under section 313 Cr.P.C. In defence, three witnesses were examined.

Upon conclusion of the trial, the learned trial court vide impugned judgment dated 01.08.2006 convicted and sentenced the accused-petitioners for offences under Sections 451, 326, 324, 323 IPC.

Being aggrieved by his conviction and sentence, the petitioner preferred an appeal before the learned appellate court, which came to be partly allowed vide judgment dated 08.08.2007 and the appellate court acquitted the petitioner from offences under Sections 324, 451 IPC and convicted and sentenced him for offence under Section 447 IPC instead of Section 451 IPC, while maintaining his conviction and sentence for offence under Sections 326 & 323 IPC as awarded by the trial court. Hence, this revision petition.

At the threshold, counsel for the petitioner does not challenge the finding of conviction but it is submitted that the occurrence relates back to year 2003 and the petitioner has so far suffered a sentence of about 19 days, out of total sentence of three years SI. In such circumstances, it is prayed that the substantive sentence awarded to the accused-petitioner for the offence under Sections 326, 447, 323 IPC 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 accused- petitioner. The learned PP 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 perused the evidence of the prosecution as well as defence and the judgment passed by the courts below regarding conviction of the accused-petitioner.

It is not disputed that the occurrence has taken place in the year 2003 and the accused-petitioner has so far undergone a period of 19 days incarceration, out of total sentence of three years S.I., and so also suffered the mental agony and trauma of protracted trial. Thus, looking to the over-all circumstances and the fact that the accused-petitioner has remained behind the bars for considerable