[2026:RJ-JP:592]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 1214/2005 Ramphool S/o Kishan Lal, R/o Village Ushmanpura, Police Station Menvas, District Tonk (Raj.)

----Petitioner Versus State of Rajasthan through P.P.

----Respondent For Petitioner(s) : Ms. Surabhi Aggarwal Mr. Utkarsh Goyal Ms. Chanchal For Respondent(s) : Mr. Vijay Singh Yadav, Addl. G.A.

HON'BLE MR. JUSTICE BHUWAN GOYAL

Order

08/01/2026

1. The present revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure has been filed by the accused-petitioner – Ramphool against the Judgment and Order dated 16-11-2005 passed by Sessions Judge, Jaipur District, Jaipur (hereinafter referred to as "appellate court") in Criminal Appeal No. 75/2002 (Ramphool vs. State of Rajasthan) vide which criminal appeal filed by the accused-petitioner has been dismissed and the Judgment and Order dated 20.08.2002 passed by Judicial Magistrate no. 5, Jaipur District, Jaipur (hereinafter referred to as "trial court") in Criminal Case no. 147/98(74/09) (State of Rajasthan vs. Ramphool) convicting and sentencing the petitioner for the offence under Sections 279, 337, 338 & 304-A of I.P.C. as indicated below has been affirmed.

2. Facts of the case in short are that on 02.05.1990, complainant Premchand (P.W. 8) submitted a written report in Police Station Shivdaspura, to the effect that in the night of 01.05.1990, driver Ram Phool along with Ramswaroop, Kailash and labour Kajodh was taking watermelons and vegetable from Acher to Delhi in vehicle no. RNG. 2216. In Niwai, around 12:30 AM, Ramswaroop informed that at 11:30 PM in between Chaksu- Shivdaspura, they met with an accident with a roadways bus bearing registration no. RNP. 1989, due to which they sustained injuries. On account of deterioration of Kailash's condition, he was admitted to the Niwai hospital where he died. On the basis of said report, the Police registered FIR No. 120/90 for the offence under Sections 279, 337 & 304-A IPC and investigation was commenced. During investigation offence under Section 338 of IPC was also added. After completing the investigation, the police submitted the challan against accused-petitioner for the offence under Sections 279, 337, 338 & 304-A of IPC before the concerned court. Substance of allegations were read over to the accused-petitioner, who denied the same and claimed for trial. After conclusion of trial, the trial court passed judgment and order dated 20.08.2002 convicting and sentencing the accused-petitioner for the offence under Sections 279, 337, 338 & 304-A IPC as indicated above. Thereafter, the petitioner filed an appeal and the appellate court vide its judgment dated 16-11-2005 dismissed the appeal and affirmed the judgment dated 20.08.2002 passed by the trial court. Hence, this criminal revision petition has been preferred by the accused-petitioner.

3. Heard learned counsel for the parties.

4. After arguing the matter on merits at some length, learned counsel for the accused-petitioner does not want to press instant revision petition challenging judgments passed by the courts below qua conviction and prefers to make submissions on the point of sentence only.

5. Learned counsel for the accused-petitioner has submitted that incident in the present case took place way back in the year 1990 i.e. around 35 years ago; accused-petitioner was 26 years of age at the time of incident and now he is around 61 years old and facing agony of trial for the past about 35 years; accused- petitioner who is sole bread earner in the family, belongs to poor strata of society and remained in police and judicial custody for a period of about 20 days and there is no previous conviction recorded against the accused-petitioner, therefore, he prays that ends of justice would meet if a lenient view is taken in the matter and sentence of imprisonment awarded to the accused-petitioner is reduced to the period already undergone by him.

6. Lea