[2025:RJ-JP:37099]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 1456/2008 Munshi Khan S/o Ali Khan, R/O Dura, P.S.Fatehpur Sikari, District Agra(U.P.)

( At present in Sub Jail Bayana)

----Accused-Petitioner Versus State of Rajasthan through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Satypal Poshwal For Respondent(s) : Mr. Manvendra Singh Shekhawat, Dy.GA HON'BLE MR. JUSTICE BHUWAN GOYAL

Order

11/09/2025

1. Learned Deputy Government Advocate has submitted the report dated 10.09.2025 sent by S.H.O, Police Station Roopwas, District Bharatpur.

2. As per report, sole petitioner is alive.

3. Report is taken on record.

4. With the consent of learned counsel for the parties, revision petition is heard today.

5. The present revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, has been filed by the accused-petitioner- Munshi Khan against Judgment and Order dated 21.10.2008 passed by Additional Sessions Judge No.2, Bayana (Bharatpur) (hereinafter referred to as "appellate court") in Criminal Appeal No. 25/2008 (Munshi Khan vs. State of Rajasthan) vide which criminal appeal filed by the accused-

petitioner against the Judgment and Order of Sentence dated 21.05.2008 passed by Judicial Magistrate Roopwas, District Bharatpur, (hereinafter referred to as "trial court") in Criminal Regular Case no. 930/2006 (State of Rajasthan vs. Munshi Khan) convicting and sentencing him for the offences under sections 279 & 304A of IPC was dismissed. The sentence awarded to the petitioner is as under:-

6. Facts of the case in short are that on the basis of the written report(Ex.P3) submitted by complainant – Thansingh(P.W.2) with respect to an incident which occurred on 24.01.1999, wherein the allegation was that today, his son-Chandradev and nephew- Rupendra Singh were bringing tea & sugar on the motorcycle, suddenly a roadways bus No.RJ-11-P-0189 coming from dholpur at high speed, hit the motor cycle from back side due to which both boys died on the spot, F.I.R. No. 24/1999 was registered at Police Station Roopwas, District Bharatpur for the offences under Sections 279 & 304A of I.P.C. After conclusion of investigation, police submitted charge-sheet against accused-petitioner for the said offence. The trial court framed charges for the aforesaid offences and trial was commenced. After conclusion of trial, the trial court passed judgment and order of sentence dated

21.05.2008 convicting and sentencing him for the offence under Sections 279 & 304-A of I.P.C., as stated above. Aggrieved by judgment of conviction and sentence dated 21.05.2008, accused- petitioner preferred an appeal before the learned appellate court, which was dismissed by appellate court. Hence, this criminal revision petition has been preferred by the accused-petitioner.

7. Heard learned counsel for the parties.

8. After arguing the matter on merits at some length, learned counsel for the accused-petitioner does not wish 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.

9. 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 26 years ago; accused-petitioner was 40 years of age at the time of incident and now he is around 66 years old and facing agony of trial since last around 26 years; accused-petitioner who is sole bread earner in the family, belongs to poor strata of society and remained in custody for a period of almost 54 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 awarde