In this special criminal appeal, the High Court dismissed the challenge to a conviction under Section 304(2) and 323 IPC. The court held the appeal was infructuous because the appellant had already served the entire sentence imposed by the trial court.
The special criminal appeal is dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Appeal No. 875 / 2013
Prabhu Lal
----Appellant
Versus
State Of Rajasthan Through Pp
----Respondent
_____________________________________________________ For Appellant(s) : Mr. Rajesh Sharma For Respondent(s) : Mr. Prakash Thakuriya PP
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Judgment
08/02/2018
Prabhu Lal present appellant was tried by the court of Additional Sessions Judge, Jhalawar. The said court vide impugned judgment dated 1.10.2013 acquitted the appellant of offence under Section 302 IPC but convicted him for offences under Sections 304 Part-II and 323 IPC. Having convicted the appellant for the above said offences, the trial Judge vide a separate order of even date, sentenced the appellant as under:-
U/s. 304 Part-II IPC- to undergo five years RI and to pay a fine of Rs. 1000/-, in default thereof to undergo additional six months RI. U/s. 323 IPC- to undergo six months RI and to pay a fine of Rs.300/-, in default thereof to undergo additional two months RI.
Mr. Rajesh Sharma appearing for Mr. Ajay Singh, counsel for the appellant has contended that the appellant has already undergone his entire sentence and has been released from the jail. Thus, counsel contends that he has been specifically
(2 of 2)
[CRLA-875/2013]
instructed not to pursue the present appeal and therefore, the same be dismissed as infructuous.
The learned Public Prosecutor has very fairly stated that the State has not proposed any appeal against the acquittal of Prabhu Lal of offence under Section 302 IPC.
A perusal of the record reveals that on 6.3.2014 application preferred for suspension of sentence was dismissed as withdrawn. The occurrence in the present case pertains to year 2010. It is contended that the appellant was arrested in the month of November, 2010.
Be that as it may, after the conviction on 1.10.2013, sentence has not been suspended by this Court, therefore, submission made by the learned counsel for the appellant that the appellant has already undergone entire sentence seems to be correct.
I have perused the record. The witnesses have categorically stated that the appellant had caused an injury with lathi on the head of Gopal deceased. The witnesses have been rightly relied by the trial court. Furthermore, the appellant having undergone the sentence, is not ready and willing to pursue the appeal.
Hence, as prayed, the present appeal is dismissed as having been rendered infructuous.
(KANWALJIT SINGH AHLUWALIA)J.
Mak/-
1 issue framed by the court
Whether the special criminal appeal should be allowed when the appellant has already undergone the entire sentence.
2 provisions across 1 enactments
Prabhu Lal
State Of Rajasthan
Kanwajit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
