[2025:RJ-JD:34925]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 926/2008 Yashveer S/o Shri Mehar Singh, Aged About 35 years, R/o Rukhi, Police Station Biroda, District Sonipat (Hariyana)

(Lodged at District Jail, Pali)

----Petitioner Versus State of Rajasthan.

----Respondent For Petitioner(s) : Mr. Kuldeep Bishnoi for Mr. M.C. Bishnoi For Respondent(s) : Mr. N.S. Chandawat, P.P.

HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

06/08/2025

1. Learned Public Prosecutor has submitted a report dated 15.04.2025, wherein it is mentioned that the petitioner is alive.

The same be taken on record.

2. This criminal revision petition under Section 397 read with Section 401 of Cr.P.C. has been preferred by the petitioner against the judgment dated 27.08.2008 passed by learned Additional Sessions Judge, (Fast Track) No.2, Pali (hereinafter to be referred as ‘the appellate court’) in Criminal Appeal No.12/2008, whereby the said appeal was partly allowed. The said appeal was filed against the judgment dated 08.06.2007 passed by the learned Chief Judicial Magistrate, Pali (hereinafter to be referred as ‘the trial court’) in Criminal Original Case No.76/2003.

2.1. Vide judgment dated 08.06.2007, the learned trial court convicted and sentenced the petitioner as under :-

Conviction for the Sentence Awarded offences under Sections

279 of IPC 3 Months’ Simple Imprisonment 337 of IPC 3 Months’ Simple Imprisonment

304-A of IPC 1 Year’s Simple Imprisonment All the sentences were ordered to be run concurrently.

2.2. Vide judgment dated 27.08.2008, the learned appellate court acquitted the petitioner for the offence under Section 337 of IPC; however, maintained the conviction and sentence for the offences under Sections 227 and 304-A of IPC.

3. Briefly stated the facts of the present case are that on 15.01.2003, complainant – Hanumanram reported that on the same day at about 05:00 PM, when he along with one Madan Lal reached in front of Gundoj Chowki in his Truck bearing No. RJ-19-G-4293, which he was driving on the correct side and at the prescribed speed, at that time, a Truck bearing No. HR-46-A-9139 coming from the opposite direction towards Pali and driven by the petitioner in a rash, negligent and high-speed manner, hit his Truck. As a result, Madanlal died on spot and complainant Hanumanram sustained injuries.

3.1. On the said report, the FIR No.7/2003 was registered at Police Station Guda Endla, District Pali against the petitioner and investigation was commenced.

3.2. After filing of the charge-sheet and upon completion of the trial, the petitioner was convicted by the learned trial court for the offences under Sections 279, 337 and 304-A of IPC vide judgment dated 08.06.2007. The said judgment was challenged before the learned appellate court, who vide judgment dated 27.08.2008 acquitted the accused petitioner for the offence under Section 337 of IPC and maintained the convicted and sentence for the offences under Sections 279 and 304-A of IPC.

4. Learned counsel for the petitioner has submitted that the sentences so awarded to the petitioner were suspended by a Coordinate Bench of this Court vide order dated 10.09.2008 passed in S.B. Criminal Misc. Application for Suspension of Sentences No.316/2008.

4.1. Learned counsel for the petitioner has further submitted that the petitioner has undergone detention for some period and the case is pending against him since 2008. Learned counsel for the petitioner has also submitted that the petitioner is facing agony of a long protracted trial and, therefore, without making any interference on merits/conviction, the sentences awarded to the present petitioner may be substituted with the period of sentences already undergone by him.

5. Per contra, learned Public Prosecutor has opposed the submissions made on behalf of the petitioner. However, he was not in a position to dispute the fact that the present revision petition is pending since 2008.

6. Heard learned counsel for the parties and p