[2026:RJ-JP:1177]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 954/2007 Manoj Kumar S/o Murli Dhar, R/O Village Shahjahanpur, Police Station Shahjahanpur, Tehsil Behror, District Alwar (Raj.)

----Petitioner Versus State of Rajasthan through PP ----Respondent For Petitioner(s) : Mr. Rakesh Kumar Ms. Priyanka Chauhan Ms Nisha Jhaknariya For Respondent(s) : Ms. Manju Dave, Addl. G.A.

HON'BLE MR. JUSTICE BHUWAN GOYAL

Order

12/01/2026

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 – Manoj Kumar against the Judgment and Order dated 04.07.2007 passed by Additional Sessions Judge (Fast-track), Behror, District Alwar (Raj.) (hereinafter referred to as "appellate court") in Criminal Appeal No. 15/2007(30/2002) (Manoj Kumar vs. State of Rajasthan) vide which criminal appeal filed by the accused-petitioner has been dismissed and the Judgment and Order dated 11.07.2002 passed by Judicial Magistrate, Behror, Alwar (hereinafter referred to as "trial court") in Criminal Case no. 21/99 (State of Rajasthan vs. Manoj Kumar) convicting and sentencing the petitioner for the offence under Sections 279 & 304-A of I.P.C. as indicated below has been affirmed.

2. Facts of the case in short are that on 19.01.1999, complainant Jai Prakash (P.W. 2) submitted a written report (Ex P.2) in Police Station Shahjahanpur, to the effect that in the night of 18-19.01.1999, his brother Surjeet Singh along with Surendra, Charan Singh & Bablu were returning from Village Rayliwas to village Phauladpur in a jeep bearing registration no. RJ 02 C 891. On the way, around 3.00 AM, when the Jeep reached Shahjahanpur, the driver drove the jeep rashly & negligently and overturned the said jeep, due to which his brother Surjeet Singh died on the spot. On the basis of said report, the Police registered FIR No. 06/1999 for the offence under Sections 279 & 304-A IPC and investigation was commenced. After completing the investigation, the police submitted the challan against accused- petitioner for the offence under Sections 279 & 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 11.07.2002 convicting and sentencing the accused-petitioner for the offence under Sections 279 & 304-A IPC as indicated above. Thereafter, the petitioner filed an appeal and the appellate court vide its judgment dated 04.07.2007 dismissed the appeal and affirmed the judgment dated 11.07.2002 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 1999 i.e. around 27 years ago; accused-petitioner was 23 years of age at the time of incident and now he is around 50 years old and facing agony of trial for the past about 27 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 64 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. Learned counsel for the accused-petitioner has relied upon the judgment of Hon'ble Supreme Court in Chander Shekhar vs.

State of Rajasthan (