Dismissed

Mangilal v. State of Rajasthan through Pp

Rajasthan HC11 Dec 2017CRLA/1210/2016

Case brief

AI extract

What is this about?

This judgment dismisses a State appeal for sentence enhancement as the five-year term for attempted murder was deemed adequate. Simultaneously, a connected jail appeal was disposed of as superfluous due to a pending appeal filed by counsel.

What did the court decide?

The S.B. Cr. Appeal and jail appeal were dismissed. The enhanced sentence of five years for Section 308 IPC was upheld.

Mangilal Vs State of Rajasthan through Pp — Criminal Trial and Appeal | Rajasthan HC (2017)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Appeal No. 241 / 2017

¶3

State of Rajasthan Through P.P.

----Appellant

Versus

Mangi Lal Sharma

----Respondent

Connected With

S.B. Criminal Jail Appeal No. 1210 / 2016 Mangilal Sharma Son of Rampal, by Caste Brhamin, Resident of Jakhoda, Police Thana Kaithun, District Kota (raj.) (presently in Central Jail, Kota, Rajasthan)

¶10

----Appellant Versus

¶11

The State of Rajasthan Through P.P.

¶12

----Respondent _____________________________________________________ For Appellant(s) : Mr. Prakash Thakuriya PP

¶13

For Respondent(s) : Mr. Dheeraj Singhal for the accused respondent

¶14

HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

¶15

Order

¶16

11/12/2017

¶17

S.B. Criminal Appeal No. 241 / 2017 :

¶18

The present appeal has been preferred by the State of Rajasthan for enhancement of the sentence.

¶19

Accused respondent Mangi Lal Sharma was tried by the court of Additional Sessions Judge NO.4, Kota. The case of the prosecution in written report (Exhibit-P/1) submitted by Radharani wife of accused respondent presented at Police Station Kaithoon is

¶20

(2 of 3)

¶21

[CRLA-241/2017]

¶22

that that the accused respondent is drug addict and he has caused a lathi injury on the forehead of his wife when she refused to part money on demand of accused respondent to have liquor. The trial Judge held accused respondent guilty of offences under Sections 323, 327 and 308 IPC. Having convicted the accused respondent for the above said offences, the trial Judge vide a separate order of even date sentenced the accused respondent as under:-

¶23

U/s. 323 IPC- to undergo one year SI and to pay a fine of Rs.1000/-, in default thereof to undergo additional one month SI. U/s. 327 IPC- to undergo three years SI and to pay a fine of Rs.2000/-, in default thereof to undergo additional one month SI. U/s. 308 IPC- to undergo five years SI and to pay a fine of Rs.2000/-, in default thereof to undergo additional one month SI.

¶24

All the sentences were ordered to run concurrently.

¶25

I have heard the learned Public Prosecutor.

¶26

No ground for enhancement is made out, as sentence of five years for offence under Section 308 IPC cannot be said to be on the lower side. Hence, the S.B. Cr. Appeal No. 241/2017 along with application for condonation of delay are dismissed.

¶27

S.B. Criminal Jail Appeal No. 1210 / 2016 :

¶28

The learned counsel for the appellant has submitted that the appellant has already filed appeal through counsel, hence, the present jail appeal filed is superfluous and may be disposed of as such.

¶29

(3 of 3)

¶30

[CRLA-241/2017]

¶31

On the statement made by the learned counsel for the appellant, the present appeal preferred through jail is disposed of as superfluous as the appellant has already filed an appeal [S.B. Cr. Appeal No. 1313/2016] through his counsel.

¶32

(KANWALJIT SINGH AHLUWALIA)J.

¶33

Mak/-

Mangilal v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

Mangilal v. State of Rajasthan through Pp

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dhanpal and Anr. Vs State of Rajasthan through P P

Dhan Pal@ Babu Lal @ Suresh Vs State of Rajasthan through P P

Rajendra Singh Vs State of Rajasthan through Pp

Aarti Vs State of Rajasthan and Anr.

Suresh Vs State of Rajasthan through Pp

Nemichand Vs State of Raj and Ors.